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Disability Discrimination and the Law
Although the determination of whether a worker is disabled is made on a case-by-case basis, common examples of disabilities include confinement to a wheelchair, blindness, deafness, a learning disability, and certain kinds of mental illness. Alcoholism and drug abuse are specifically mentioned in the ADA: employees whose current use of alcohol or drugs prevents them from performing their jobs are not protected by the ADA, nor are employees who currently use illegal drugs, but an alcoholic who can perform the duties of his or her job despite his or her addiction is protected, as is a recovered alcohol or drug abuser. In determining whether an employee is disabled, it helps to consider whether the use of corrective devices reduces or eliminates the limits on the employee's activities caused by the disability. For example, if an employee is hard of hearing, but has normal hearing when wearing a hearing aid, this employee is not considered disabled under the ADA.
Finally, to be substantially limited by a disability, the disability must render the employee unable to work in a broad range of jobs. A disability that only affects the employee's ability to perform a few specific jobs is not covered by the ADA. For example, if a woman seeks a commercial pilot's license but is too nearsighted to qualify, she may not be disabled if her nearsightedness only disqualifies her from a job as a pilot, but does not limit her ability to perform a broad range of other jobs.
What is "Reasonable Accommodation"?
Assuming an employee is disabled under the ADA, an employer has a responsibility to make "reasonable accommodations" for the employee's disability. Such accommodations often consist of physical changes to the workplace to aid the disabled employee, i.e. installing ramps for an employee who uses a wheelchair. Other accommodations may include:
- Restructuring the job or its duties to allow the disabled employee to perform the work;
- Allowing the employee to take additional unpaid leave for medical reasons or to use vacation for medical leave;
- Moving the employee to a vacant position or to a temporary light-duty position;
- Installing special equipment to help the employee perform his or her duties, or assigning "non-essential" duties of the employee's job, such as those that only occupy a few minutes a day, to another employee;
- Modifying the work schedule to accommodate the disability; or
- Providing the employee with a qualified reader or interpreter.
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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