Disability Discrimination

The law prohibits a covered entity from discriminating against a qualified individual on the basis of disability in regard to job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment. Disability harassment is also prohibited.

The ADA is applicable to employers with 15 or more employees. The PDCRA is applicable to all employers with one or more employees.

The ADA and PDCRA specifically protect a qualified worker or job applicant who has the necessary education, skills, and experience and is capable of performing the essential duties of the job, with or without accommodation. Most people don’t know that these laws also protect those with a record of disability, those regarded as disabled, and those associated with a disabled person, such as a spouse.

Americans with Disabilities Act

Under the ADA, a disability is defined as a physical or mental impairment that limits an individual’s ability to perform daily life activities. This includes walking, seeing, hearing, speaking, sitting, standing, lifting, performing manual tasks, learning, breathing, or taking care of oneself. The disability must be considered longstanding or permanent — temporary ailments are not protected disabilities.

In addition, the ADA Amendments Act (ADAAA) of 2008 added major bodily functions to the list of major life activities. These include the proper function of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Persons with Disabilities Civil Rights Act

Unlike the ADA, the PDCRA specifically prohibits employers from requiring genetic testing as a condition for obtaining employment and from discriminating against an individual because of genetic information that is unrelated to the individual’s ability to perform the duties of the job. The federal Genetic Information Nondiscrimination Act (GINA) prohibits the use of genetic information in making employment decisions; restricts employers and other covered entities from requesting, requiring, or purchasing genetic information; and strictly limits the disclosure of genetic information. Genetic information is defined as an individual’s genetic tests and the genetic tests of an individual’s family members as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e., family medical history).

Perhaps what most distinguishes the ADA and PDCRA from other discrimination laws is that they require employers to make reasonable accommodations for disabled employees if the accommodation will allow the disabled employee to perform an essential function of the job. The employee must propose the accommodation to the employer. The employer then has the duty to consider the proposed accommodation or another accommodation in an “interactive” process with the employee. An employer must grant a reasonable accommodation if doing so does not create an undue burden.

If you are the victim of disability discrimination, you do not have to suffer or “deal with it.” Our disability discrimination attorneys will explain all of your rights, explore every option, and provide you with aggressive representation when needed. We have a proven track record of achieving successful outcomes inside and outside of the courtroom. Email The Schipper Law Group today or call us at (248) 729-2414.