People with disabilities are entitled to protection from discrimination in the workplace under the Americans with Disability Act. This federal law applies to companies that employ fifteen or more persons for a minimum period of at least 20 weeks.
Under the rules, employers can not discriminate against qualified individuals with disabilities in:
• Hiring
• Application Process
• Promotion
• pay and benefits
• Discharge and Termination
• Other conditionsEmployment
People with disabilities are also the following rights:
• Medical examinations and inquiries
Employers may not ask applicants about the existence, nature or severity of the disability. Applicants may only have their ability to be made specific job tasks.
A job offer may be made dependent on the basis of the results of a medical examination, but only if the test is required for all entering employees in similar jobs. MedicalExaminations of employees must be professional and in line with the employers' business needs.
• Drug and Alcohol Abuse
Employees and applicants currently in the illegal use of drugs are covered by the ADA when an employer acts on the basis of such use.
Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
It is also unlawful to retaliate against an individual for opposing practices that discriminatebased on disability or for filing a discrimination charge, testify, or to give statements in any manner in any investigation, proceedings or lawsuits under the ADA.
Legal definition of disability
Disability within the meaning of the ADA applies to persons who are concerned about a physical or mental impairment substantially limits a look at the major life activity, including walking, speaking, and learning.
A person with a disability enjoys certain reasonable work accommodations, allEmployers should be required to meet and. Some of these houses are:
• restructuring of work in order to disable a worker to perform his task
• To increase the employee's additional medical leave
• Assignment of employees to a free or light-duty position
• Installation of special equipment that disabled employees
• Changing or modifying the employee's work record
• Provide the employee with an interpreter or a qualifiedReaders
• Existing facilities readily accessible or usable for disabled people
To promote the practice of helping people with disabilities, the government offers federal tax discount or tax incentives for employers and disabled workers. This step is done to promote the accessibility of public accommodation.
Appeal against the discrimination of disabled people
If you believe you have discriminated against on the basis of disability you have, you canYour lawyer file a discrimination complaint against the defendants to the Equal Employment Opportunity Commission.
As required by law, must be filed the discrimination charge within 180 days of the alleged discrimination. They have only 300 days in which you the levy on state or local law.
This allows you to pursue your case against an individual or an employer, it is necessary to hire the services of a lawyer, employment in cases of discrimination on grounds of disability experts.His knowledge and experience can help you win your case against the discrimination of disabled people at work.
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