The Americans with Disabilities Act

The The United States Congress passed the ADA in order to protect employees from being discriminated against because of a disability.  It not only prohibits disability discrimination, but also requires employers to make reasonable accommodations to permit disabled employees to perform a job's essential functions.  

What is “Disability Discrimination” under the law?

Disability discrimination means treating individuals differently in employment because of their disability, perceived disability, or association with a disabled person. Some examples of disability discrimination include:

  • Discriminating against an employee on the basis of physical or mental disability, including: recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, etc.

  • Harassing an employee on the basis of his or her disability.

  • Asking job applicants questions about their past or current medical conditions, or requiring job applicants to take medical exams before a job offer has been made.

  • Refusing to provide a reasonable accommodation to employees with physical or mental disabilities that would allow them to work.

If any of these things have happened to you on the job, you may have suffered disability discrimination. If you have a disability and are qualified to do a job, there are federal and state laws protecting you from job discrimination, harassment, and retaliation based on your disability. You are also protected if you are a victim of discrimination because of your association (family, business, social or other relationship) with a disabled person.

What if I am not disabled, but my employer treats me like I am and discriminates against me on that basis?

The ADA also protects a person who is regarded (or treated) by an employer as if he or she has a substantially limiting impairment, even if he or she has no impairment or has only a minor impairment. This is especially true if the employer acts based on myths, fears, or stereotypes about a person's medical condition.

For example, an employer may not deny a job to someone who has a history of cancer because of a fear that the condition will recur and cause the employee to miss a lot of work.

What remedies are available if I am discriminated against based on a disability or a perceived disability?

Victims of disability discrimination can recover remedies to include:

  • back pay

  • reasonable accommodation

  • reinstatement

  • front pay

  • compensatory damages (emotional pain and suffering)

  • punitive damages (damages to punish the employer)

  • attorneys’ fees and court costs.

Summing it Up

Disability discrimination is a complicated area of the law and each matter must be handled on a case-by-case basis. Each disability case is unique. Because disabilities take many different forms, your particular facts must be reviewed carefully.

If you face harassment, a lack of accommodation or or wrongful termination due to a disability or a perceived disability, you need to consult with an employment law attorney. When you are ready to take the next step, contact us.