{"id":1690,"date":"2018-02-22T21:30:54","date_gmt":"2018-02-22T21:30:54","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?page_id=1690"},"modified":"2023-05-24T16:48:26","modified_gmt":"2023-05-24T16:48:26","slug":"disabled-workers-rights","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/disabled-workers-rights\/","title":{"rendered":"Disabled Workers Rights"},"content":{"rendered":"

Introduction<\/h2>\n

While discrimination in the workplace based on race, color, religion, national origin, and gender has been outlawed since 1964, discrimination based on an individual\u2019s disability wasn\u2019t addressed until 1990. That year, Congress passed the Americans with Disabilities Act (ADA<\/a>), and finally extended federal protection to employees and job-seekers with disabilities.<\/p>\n

Workers\u2019 Rights under the Americans with Disabilities Act of 1990<\/h2>\n

Title I<\/a> of the ADA prohibits employers from discriminating against employees and job-applicants who have a qualified disability and can adequately perform the essential job functions, with or without reasonable accommodations. The ADA is a federal law, and as such it extends to private companies, and federal, state, and local governments. An employer cannot consider a qualified applicant or employee\u2019s disability when determining hiring, termination, promotions, assignments, benefits, compensation, or other employment-related activities. The ADA also guarantees disabled individuals have the right to file a complaint against an employer in violation of the law without fear of reprisal or retaliation from the employer.<\/p>\n

What Qualifies as a Disability?<\/h2>\n

According to the ADA, a qualified disability consists of a physical or mental impairment that substantially limits a major life activity such as breathing, speaking, hearing, seeing, walking, and other manual activities. Note that the disability must be considered substantial\u2014a minor or otherwise trivial impairment would not qualify. Under the ADA, you are protected from discrimination in the workplace If you currently have a qualifying disability, if you have a history of qualifying disabilities, and even if you are only perceived to have a qualifying disability.<\/p>\n

What Does it Mean to \u201cAdequately Perform Essential Job Functions\u201d?<\/h2>\n

The ADA employment-protection right is only applicable if you can carry out the necessary functions for the job in question, with or without reasonable accommodations. That means an applicant with the required education, experience, and skills, cannot be disqualified based on their disability as long as they can perform the job\u2019s essential activities. As long as you can handle the primary functions, you are protected from discrimination\u2014even if your disability limits you from fulfilling some of the job\u2019s unnecessary, secondary activities. For example, an applicant who is in a wheelchair shouldn\u2019t be disqualified for a position as a cashier, as their disability doesn\u2019t infringe on their ability to scan items and process payments. Such an employee may have a difficult time bagging and loading groceries, but that shouldn\u2019t preclude them from working as the cashier.<\/p>\n

However, if a disability prevents someone from performing the position\u2019s essential activities, an employer can disqualify an applicant based on their inability to carry out the job\u2019s core functions. For example, an applicant who is blind and cannot drive would probably not be hired as a driver for a delivery company. In that situation, there are no reasonable accommodations that could allow the applicant to perform the essential job function of driving the delivery vehicle.<\/p>\n

What are Considered Reasonable Accommodations?<\/h2>\n

Reasonable accommodations include any measure to level the playing field for disabled employees that doesn\u2019t place an undue burden on the employer. Undue hardship could be financial, such as an accommodation that would be too costly, or it could be something physical that significantly disrupts the employer\u2019s business process. For example, it would be reasonable to provide a blind employee with a braille keyboard, or to allow a physically disabled employee to take extra breaks throughout the day. In contrast, having to install an elevator for a disabled employee would place an undue financial burden on the employer.<\/p>\n

When considering reasonable accommodations for disabled employees, an employer is required to speak with the employee and get their input on what accommodations would be best. The employer is not required to accept the employee\u2019s recommendations if there is another viable option, but they are required to determine the employee\u2019s preferences.<\/p>\n

Following is a list of common reasonable accommodations:<\/p>\n