Your Rights: Americans with Disabilities Act

The Americans with Disabilities Act is a wide ranging set of civil rights laws signed into law by President George H. W. Bush on July 26, 1990. The act prohibits discrimination based on disability. Here’s an overview.

Sections

1. Employment. The first section prevents discrimination in the hiring process and during your day-to-day job.
2. Public Services and Public Transportation. This section requires that all federal, state and local services, as well as all forms of public transportation be accessible to people with disabilities.
3. Telecommunications. This section requires all telecommunications companies to make their services available to people with disabilities.

More On Employment

• An employer cannot discriminate against you when you apply for a job based on your disability, as long your disability doesn’t prevent you from performing an “essential function” of the job.
• Your employer must give you “reasonable accommodations” to allow you to do your job. For example, providing a braille writer for a blind employee.
• The employer does not have to provide “reasonable accommodations” if the cost will create an “undue hardship” on the company. They must prove this “hardship” legally.
• Your employer can discriminate against you during the hiring process and on the job if your disability causes you to create unsafe conditions for others including coworkers and customers.
• Your employer is not allowed to deny you equal job benefits based on your disability.
• Your employer is not allowed to deny you a raise or promotion based on your disability.
• Your employer cannot make you get a medical exam or question you about the extent of your disability.
• Your employer cannot make you take an exam that will naturally discriminate against someone with your disability.
• Your employer can ask you if your disability will prevent you from doing your job.

Where To Go For Help

Many agencies have jurisdiction to enforce the Americans with Disabilities Act. For a full list and to learn more visit The Americans with Disabilities Act website.