You have rights and protections as a person with a disability in America under federal law. You are protected by the Americans with Disabilities Act (ADA) against problems including harassment and job discrimination. Because of your disability, you are a protected class and cannot be discriminated against by coworkers or employers. You have the choice of whether or not to tell an employer if you have a disability.
Keep reading to learn more about your rights and what you should do if you are asked to prove your disability. Then contact PLBH at (800) 435-7542 for a legal consultation.
No one may question a person’s disability
Employers are not permitted to inquire about applicants’ disability. If a potential employer does inquire about a disability throughout the application process, this violates your ADA rights. You could have a case against the business. At no stage throughout the recruiting process may the company inquire about your impairments. An employer may only inquire about your disability after making you a job offer. Even then, the employer is only permitted to inquire about it in order to make appropriate adjustments.
Regarding who, when, and how an employer may inquire about a disability on behalf of an employee, the legislation is quite specific. If the intention is to factor a disability into the hiring decision, the employer does not have the authority to inquire about it. It is illegal for an employer to ask you whether you have any impairments up front, but they may inquire if you can complete the job’s key tasks with or without modifications. Instead, the decision to divulge this information is yours as the employee.
In order to execute your work more effectively as an employee, it may be in your best interest to reveal a disability. For instance, if you are hard of hearing, mentioning your impairment may result in adjustments like subtitles on professional presentations or a specific headset for customer communication. But remember that if your employer finds out about your condition, they are not allowed to treat you unfairly.
What to do if you are asked to provide evidence of a disability
In California, you normally do not have to provide an employer with documentation of your disability. Most businesses will accommodate your requirements if a disability is clearly present without more paperwork. Only if you’re asking for reasonable accommodations and the employer doesn’t think your limitations are clear will you need to present medical proof of your condition.
For instance, if you have post-traumatic stress disorder after a serious event, you could not physically manifest your disability and may still be required to provide documentation. Therefore, if you ask for workplace modifications, your employer could ask for proof of your medical condition. Beyond what is required to demonstrate your need for the disability accommodation, you are not required to provide any further information or documents.
An employer has the authority to refuse a request for accommodations if they are met by demands for medical records. However, employers cannot refuse to provide reasonable adjustments for known or clear disability. Employers are also not allowed to take adverse action against you for requesting accommodations for a disability.
Harassment, cruel jokes, discrimination, downsizing, or wrongful termination are all examples of retaliation. If you are qualified to execute the essential functions of the position with or without a reasonable accommodation, it is illegal to reject you for employment on the basis of your disability.
Bringing a claim against an employer
You may be able to bring a lawsuit against a firm if you feel that they have violated your rights as an American with a disability. You may be entitled to financial compensation for your lost income, diminished earning potential, missed work chances, and emotional pain if you file a civil employment claim for disability discrimination. Contact PLBH at (800) 435-7542 now for help.