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The ADA prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job training, hiring, firing, advancement, application procedures, compensation and other conditions and privileges of employment.
Under the ADA, a person is considered to have a disability if he or she (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such impairment or (3) is regarded by the employer as having an impairment.
Reasonable Accommodation
If you qualify as a person with a disability and are a qualified employee or applicant for a job, reasonable accommodation should be made under the ADA. Reasonable accommodation may include making existing facilities used by employees readily accessible to and usable by persons with disabilities, preventing harassment, job restructuring, modifying work schedules, reassignment to a vacant position, acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters for disabled persons.
If there is no "undue hardship" on the operation of the employer's business, they are required to make accommodations to the known disability of a qualified applicant or employee. Undue hardship is an action requiring significant difficulty or expense when considering factors such as business size, financial resources and the nature and structure of its operation.
Employers do not have to lower quality or production standards to make accommodations. They are also not obligated to provide personal use items such as glasses or hearing aids.
Employer Restrictions
Job applicants cannot be questioned regarding the existence, nature or severity of their disability. Employers may ask applicants about their ability to perform specific job functions. Job offers may depend on the results of a medical examination, but only if the examination is required for all entering employees for the same or similar positions. Employee medical exams must be job related and necessary for the operation of the employer's business.
Illegal drug use by employees or applicants is not covered by the ADA, when an employer acts on the basis of such use. The ADA's restrictions on medical examinations do not include the testing for illegal drug use. Illegal drug users and alcoholics may be held to the same performance standards as other employees.
ADA Enforcement by the Equal Employment Opportunity Commission (EEOC)
The U.S. Equal Employment Opportunity Commission (EEOC) issued regulations to enforce the provisions the ADA to include employers with 15 or more employees. The EEOC enforces the employment provisions of the ADA. ADA employment complaints may be filed with the EEOC to conduct an investigation and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC does not immediately dismiss a charge as frivolous, there is some basis for proceeding with an investigation.
Your Options
If you feel that you have been discriminated against in violation of the ADA, you may want to read more about the EEOC investigation process and consult with an attorney at the Zipin Law Firm to determine your legal rights.
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