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Disability Discrimination Facts
Title I of the ADA also covers:
- Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs. - Drug and Alcohol Abuse
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.
Statistics
In Fiscal Year 2002, EEOC received 15,964 charges of disability discrimination. EEOC resolved 18,804 disability discrimination charges in FY 2002 and recovered $50.0 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).
Need more information?
The text of Titles I and V of the Americans with Disabilities Act is available, as are EEOC's guidelines on the ADA (in the Code of Federal Regulations), at:
- 29 C.F.R Part 1630: Regulations to implement the equal employment provisions of the Americans with Disabilities Act. These regulations also include a detailed Appendix.
- 29 C.F.R Part 1640: Procedures for coordinating the investigation of complaints or charges of employment discrimination based on disability subject to the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973
- 29 C.F.R Part 1641: Procedures for complaints/charges of employment discrimination based on disability filed against employers holding government contracts or subcontracts
FAQs
- What should I do if I think I have been discriminated against in violation of the law?
- How do I know if an action is discriminatory in violation of the law?
- Besides hiring, what other aspects of the employment relationship are regulated by antidiscrimination laws?
- If an employer provides health insurance for its employees, must it offer coverage to employees with disabilities?
- Is an employer liable for hostile environment harassment?
Employees' Rights Resources
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