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Individuals with disabilities are explicitly protected from discrimination in the workplace by the American with Disabilities Act (ADA) of 1990. Employers are prohibited from asking about the existence, nature or severity of a disability. Asking for a medical exam is also illegal unless it is common practice for applicants or employees for that position.
The ADA defines a disabled person as one who has a physical or mental impairment that substantially limits one or more major life activities. If an employee or an applicant for a position would be able to perform the essential functions of their job with a reasonable accommodation, it is unlawful for the employer to discriminate against that employee or applicant.
It is also unlawful for an employer to discriminate against an employee who, even if not disabled, is perceived as such by the employer. For example, the employer might believe -incorrectly- that an employee has and AIDS and therefore cannot perform job responsibilities and is therefore denied a promotion.
If you have a disability, it is your responsibility to ask for an accommodation. While you need not cite any laws or use the term "reasonable accommodation," it is incumbent upon the disabled individual to request needed assistance. Once the request is made, the employer may ask for some sort of proof of disability if the disability is not easily identifiable. But once legitimacy is established, the request for accommodation already being made, it is the responsibility of the employer to provide a reasonable accommodation to enable the disabled employee to effectively overcome their workplace barrier.
The employer does not necessarily need to enact the accommodation requested by the disabled employee. It is only required that the accommodation be "reasonable". An employer must make a reasonable accommodation so long as it is not an undue hardship on that employer. For example, providing un-paid leave for an employee whose medical condition limits him or her to a part-time schedule, if appropriate would be considered a reasonable accommodation. Extra paid leave, however, would be considered an undue hardship on the employer and therefore would not be a reasonable accomodation.
If you have a disability and it has caused you to be denied a position, or if you have been denied a reasonable accommodation at your workplace, you might benefit from a consultation at the Zipin Law Firm.
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