The Federal Law on Disability

People with disability enjoy protection from discrimination at work under the Americans with Disability Act. This federal law applies to companies who employ fifteen or more people for a minimum period of at least 20 weeks.

Under its provisions, employers cannot discriminate against qualified persons with disability in:

- Hiring
- Application process
- Promotion
- Pay and benefits
- Discharge and termination
- Other conditions of employment

People with disability are also entitled to the following rights:

- Medical examinations and inquiries

Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may only be asked about their ability to perform specific job functions.

A job offer may be conditioned based on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.

- Drug and Alcohol Abuse

Employees and applicants currently into the illegal use of drugs are not covered by the ADA when an employer acts because 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 employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or giving statements in any way in an investigation, proceeding, or litigation under the ADA.

Legal Definition of Disability

Disability as defined by ADA applies to persons who are thought to have a physical or mental impairment that substantially limits major life activity including walking, talking, seeing, and learning.

A person with disability enjoys certain reasonable work accommodations which every employer should imposed and comply with. Some of these accommodations are:

- Restructuring of work to allow a disable worker to perform his job
- Giving the employee additional medical leave
- Assigning the employee to a vacant or light-duty position
- Installing special equipment to help disabled employee
- Changing or modifying work schedule to accommodate the employee
- Providing the employee with an interpreter or a qualified reader
- Making existing facilities readily accessible or usable by disabled persons

To encourage the practice of helping people with disability, the government offers federal tax discount or tax incentives to both employer and the disabled employee. This step is also done to promote the accessibility of public accommodations.

Legal Remedy Against disability discrimination

If you believe you have been discriminated about because of your disability, you can have your lawyer file a discrimination suit against the offending party at the Equal Employment Opportunity Commission.

As a legal requirement, the discrimination charge must be filed within 180 days of the alleged discrimination. You have only 300 days within which you can the charge based on state or local law.

To help you pursue your case against an individual or an employer, it necessary to hire the services of an employment lawyer who specializes in disability discrimination cases. His skills and experience can help you win your case against disability discrimination at the work place.

Listed below are more articles related to the above article from the "Legal" article category.

People interested in the above article "The Federal Law on Disability" are also interested in the related articles listed below:

 

Ten Tips For Changing Your Name

If you’ve decided you want to change your name, whether due to marriage, divorce or for personal reasons, there are some things you might not have considered. Here a few important and useful tips if you plan on changing your name...

DUI Arizona Laws - Penalties Guide

Being arrested for an offense DUI can be a very upsetting experience. It may be your first time ever being accused of a crime and you may not know what your rights are or where you should turn. It is therefore important to know the basics of the Arizona DUI laws and penalties to ensure that you stay on the right side of the law.

What Is A Prenuptial Agreement - And Who Needs One?

A prenuptial agreement is essentially a legally binding agreement made before a couple gets married or enters into a civil partnership. The agreement deals with what should happen to assets of the couple in the event of divorce, though various additions can also be made including provisions and recommendations for alimony and the division of property. Prenuptial contracts often go by alternate names, such as ante nuptial agreements or premarital agreements; however, the usage is the same.

Top Five Reasons To Sign A Prenuptial Agreement

If you are about to wed, the issue of a prenuptial agreement is likely to be mentioned at some stage. After numerous high profile divorce cases, an increasing number of people are understandably worried about protecting their assets if the worse should happen. Yet talking about a divorce before you've even gotten married seems like a horrible things to do, and the very epitome of romance being dead. But consider this – can you really afford not to have a prenuptial in place? Here are some of the most convincing reasons to sign a prenuptial agreement before you say “I do”:

What to Do Before Saying 'I Do': Six Tips For A Prenuptial Agreement

Considering a prenuptial agreement before getting married may seem unromantic, but considering such an agreement can mean that both parties are entering into a marriage with their assets protected. It helps simplify matters, so a couple can just focus on being together rather than the always messy aspects of finances. If you are considering a prenuptial agreement, here are some tips regarding your own prenuptial agreement...

Wales Behind In Child Care

It has been revealed in a new report that Wales is tragically behind its European counterparts when protecting its children. Children In Wales, a children's charity published the study by the Child Safety Report Card, which found that the country ranked near bottom, at 21 out of 24 European countries, when it comes to protecting children against accidents.

Reasons To Be Careful When Changing Your Name

Although a name change may often seem like the right thing to do, it is worth being careful when it comes to applying for a name change. If you are changing it after marrying, or changing it back after a divorce, then there is no reason not to proceed so long as you are happy with your choice. There are, however, cases in which your name change may be rejected, and others in which you might regret it. There is therefore plenty of reason why it is essential to think long and hard before changing your name.