Disability Discrimination

The Americans with Disabilities Act (ADA) is the primary federal law that prohibits discrimination against individuals with disabilities in employment.

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, and performing manual tasks.

Employers are required to provide reasonable accommodations for employees with disabilities that allow them to perform the essential functions of their jobs.

A reasonable accommodation is a modification or adjustment to a job or work environment that enables an employee with a disability to perform the essential functions of their job.

Examples of reasonable accommodations include providing a wheelchair ramp for an employee who uses a wheelchair, allowing an employee with a hearing impairment to use a sign language interpreter, and providing a screen reader for an employee who is blind.

Employers are prohibited from discriminating against employees with disabilities, harassing employees with disabilities, and retaliating against employees who file discrimination complaints.

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing the ADA.

Employees can file a discrimination complaint with the EEOC by calling the EEOC's toll-free number, by filing a complaint online, or by mailing a complaint to the EEOC.

The time limit for filing a discrimination complaint with the EEOC is 180 days.

Remedies available to employees who have been discriminated against under the ADA include back pay, reinstatement, and injunctions.

The Rehabilitation Act of 1973 is a federal law that prohibits discrimination against individuals with disabilities in federal employment, provides funding for vocational rehabilitation programs, and establishes a national network of rehabilitation centers.

The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, and recordkeeping requirements for employees.

The Equal Pay Act (EPA) is a federal law that prohibits discrimination in pay based on sex.

The best way to prevent disability discrimination in the workplace is to educate employers and employees about their rights and responsibilities under the law, create a culture of inclusion and respect in the workplace, and provide training to managers and supervisors on how to accommodate employees with disabilities.