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Disability discrimination isn't appropriate from employers

People who have disabilities often need to find a job to support themselves. Unfortunately, there are times when these individuals were discriminated against during the hiring process or while they were employed. This had to be stopped. The passage of the Americans with Disabilities Act and the amendments to it offer protections for disabled workers, and it sets specific standards for how employers are expected to handle cases of a person who has a qualified disability.

If you have a disability and are looking for a job or are currently employed, you should know a few things about what types of protections you can count on. Remember, you may have some at each step in the employment process.

Disabilities during the hiring process

Employers can't ask you about disabilities when they are considering you for a job. There is an exception to this if you have an obvious disability that could directly impact your ability to do your job duties. For example, if you were born with only one hand, the employer might want to know if you will be able to roll silverware into a napkin because doing so is a requirement of the position you are applying for.

The purpose of the interview is to determine whether you are qualified for the job, so they can't try to find out about your medical conditions prior to making that determination. They can ask you about disabilities and what accommodations you will require once they make a conditional job offer.

Reasonable accommodations for employees

Employers must provide reasonable accommodations for employees who have documented disabilities. These accommodations must not pose an undue hardship on the business. This includes a considerable expense or having to make a significant adjustment to how the company operates. For example, a person who can't be in the sunlight for a prolonged period due to a medical condition could ask for an accommodation from a business that has a large indoor component, but they likely couldn't ask for one if they work as a roofer because it isn't possible to complete a roof safely while remaining out of the sunshine.

For any employee who thinks that their employer isn't acting within the confines of the ADA or included amendments, taking legal action might be possible. Learn about your options and determine which you feel best suits your situation.

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