| The Americans with Disabilities Act of 1990 prohibits | | | | employees. |
| private companies, state and local governments, | | | | Under the ADA, handicapped workers have the |
| employment agencies, and labor unions from | | | | following benefits: |
| disqualifying people with disabilities (PWDs) from | | | | 1. The ADA provides that employers need not inquire |
| seeking employment, promotion, salary increase, as | | | | about the presence, nature, or extent of impairment. |
| well as other benefits of employment. This law applies | | | | Instead, the job aspirant should be asked about their |
| to businesses with more than fifteen employees. | | | | capacity to do certain job tasks. Job offers should be |
| A person is considered disable if he satisfies any of | | | | made upon evaluation of medical records but only if |
| the following conditions: | | | | such examination is needed for aspirants in similar jobs |
| • a physical or mental defect that | | | | which should be related to the job and to the needs of |
| considerably limits his ability to perform some major | | | | the company. |
| functions | | | | 2. The American Disabilities Act does not provide |
| • he has a history of certain impairments or | | | | coverage and protection to job aspirants who are |
| condition | | | | under the influence of prohibited drugs if the employer |
| Disabled individuals who can perform the important | | | | reacts on the use of these substances. Tests for |
| functions needed for a job in the absence or presence | | | | prohibited drugs are not covered by the ADA, thus |
| of reasonable accommodation are protected by the | | | | employers may subject users of illegal drugs to the |
| American Disabilities Act. | | | | same performance criteria like other employees. |
| Reasonable accommodation can involve, but not | | | | Moreover, the ADA does not tolerate employers who |
| limited to, any of the following: | | | | get back at their employees for opposing activities that |
| • Making current infrastructure utilized by | | | | discriminate disabled employees or for launching a |
| employees available to handicapped individuals | | | | claim, acting as witness, or taking part in an |
| • Job modification, revision of work schedule, | | | | investigation, proceeding, or trial. |
| transferring to an open position | | | | In 2007, the Equal Employment Opportunities |
| • Acquisition or modification of equipments or | | | | Commission (EEOC) received 17,734 cases involving |
| devices, moving or revising examinations, training | | | | disability discrimination. A year before that, 15,708 |
| equipments or guidelines, and training materials, or | | | | cases were solved and a total of $54.4 million worth |
| policies, and providing credible readers or interpreters | | | | of benefits for the defendant and other victims were |
| Reasonable accommodations are a necessity that | | | | awarded, excluding the money obtained from trial. |
| should be provided to a qualified disabled applicant if it | | | | If you are being persecuted by your employer or |
| would not create "undue hardship" to jeopardize the | | | | co-employees because of your condition, you can file |
| normal operation of an employer's business. | | | | a complaint with the help of disability discrimination |
| Undue hardship refers to "an action that requires | | | | lawyers. |
| inconvenience or cost in the face of aspects such as | | | | To avail of credible and reliable legal assistance, you |
| company size, financial capacity, and the nature and | | | | can consult with our expert disability discrimination |
| organization of operation". | | | | lawyers to help with any of your concern. For more |
| There is no need to reduce quality or output standards | | | | information, you can log on to our professional lawyers |
| to implement reasonable accommodation. For | | | | website and consult with our disability law experts to |
| example, an employer need not make personal items | | | | be assured that you get the rightful claim that you |
| like glasses or hearing aids available to their | | | | deserve. |