Disability Discrimination
Whether you are coping with an existing disability or become disabled on the job, you may become the victim of disability discrimination. This form of discrimination affects those who are no longer able to work,
those who have a disability which affects their ability to work, and those who are injured on the job preventing them from further employment. A person with a disability as defined by the Americans with Disabilities Act, is any person who "has a physical or mental impairment that substantially limits one or more major life activities."
About the ADA
The ADA (Americans with Disabilities Act) prevents discrimination against those with disability in employment settings. It applies to employees in State and local government, public
accommodations, commercial facilities, transportation, and telecommunications.
The ADA protects those who have disabilities as well as those who have a relationship with an individual with a disability. Title I of the ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity at full employment. It also prohibits discrimination in recruitment, hiring, promotions, training, pay, and so on based on a person's
disability.
The Title I of the Americans with Disabilities Act also includes:
- Medical Examinations/Inquiries - Questions about the
existence, severity, or nature of a disability may not be asked of job applicants.
- Drug and Alcohol Abuse - Employees and applicants that engage in the illegal use of drugs are not covered by the ADA. Drug tests are not subject to the ADA's restrictions on medical examinations
More Information About Disability Discrimination
If you have been disabled on the job, you may be eligible for workers' compensation. Workers' compensation cases can
sometimes be complicated and difficult due to the nature of determining whether an injury has
occurred at the workplace or not. Also, workers' compensation can be questioned if the employee was intoxicated at the time of injury or injured
his or her self. Common workplace related injuries are spinal cord injuries, broken limbs, severed limbs, and vision injuries. These are just a few of the most common injuries that can occur on the job
and may require legal action.
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