The 1990 Americans with Disabilities Act (ADA) firmly upholds the rights of individuals with physical, intellectual, or mental disabilities. As a critical legislation, it guarantees that these individuals enjoy the same employment opportunities and privileges as their non-disabled counterparts.
Under the purview of ADA, discriminatory practices by employers based on an employee’s disabilities, as described in U.S. Code § 12102, are strictly prohibited. This federal statute mandates employers to extend “reasonable accommodations” to their disabled employees, encompassing alterations to both their physical workspace and job roles.
Nevertheless, a staggering 30% of college-educated job aspirants and employees identify as having a disability. Yet, these individuals often face workplace discrimination, with many employers neglecting the legal mandates.
Federal law broadly defines disability as any physical or mental impairment significantly restricting major life activities. This definition encompasses activities like self-care, manual tasks, seeing, hearing, breathing, thinking, speaking, and more. The ADA not only prohibits discrimination in employment but also in realms like transportation, public accommodations, education, and telecommunications. It aims to ensure equal opportunity for those with disabilities and falls under the jurisdiction of the U.S. Equal Employment Opportunity Commission.
Recognizing certain lacunae in the ADA’s protection, the act underwent amendments in 2008, culminating in the Americans with Disabilities Act Amendments Act (ADAAA), which came into effect in 2009. The ADAAA extends its regulations to a broader range of entities, including private employers with over 15 employees, state and local governments, employment agencies, labor unions, and more.
With the introduction of the ADAAA, both private and public-sector employers are mandated to furnish “reasonable accommodations” for their disabled employees in various settings. Notably, the Department of Justice’s 2010 ADA Standards for Accessible Design laid down specific requirements ensuring improved workplace access for disabled employees.
The term “reasonable accommodations” refers to workplace modifications or assistance enabling a disabled employee to effectively perform their job. This assumes that the individual meets the qualifications required for the position in terms of education, skills, certifications, and experience.
Examples of such accommodations comprise adjustable desks for wheelchair users, wider hallways and doorways, accessible parking spots, computer screen magnifiers, modified training materials, flexible working hours, and more.
But even with the ADA, ADAAA, and ADA Standards for Accessible Design in place, discrimination against disabled workers persists. A study by the National Organization on Disabilities revealed that employment rates for those without disabilities stood at 59%, while for equivalently qualified disabled workers, it was just 21%. Many respondents believed their unemployment was directly linked to their disability.
Such biases against disabled employees can manifest in various forms, ranging from fewer promotions and salary increments to workplace harassment.
Seeking Recourse for Discrimination Against Disabled Employees
No individual should endure discrimination based on their disability. Fortunately, both California and federal laws offer robust protection to disabled job applicants and employees. If you have been discriminated against due to a disability, we invite you to contact PLBH at (800) 435-7542 for a free legal consultation.