What Are the Legal Protections Against Disability Discrimination?

Legal Protections Against Disability Discrimination

The Americans with Disabilities Act (ADA) and other federal laws protect individuals from discrimination based on their disability. The ADA prohibits private businesses with 15 or more employees, educational institutions, employment agencies, and state and local government entities that receive federal financial assistance from discriminating against people with disabilities. It also requires that they provide workers with reasonable accommodations unless doing so would create undue hardship for the company.

Employers cannot ask applicants or current employees any medical questions or require a medical exam, except when necessary to evaluate an employee’s request for a disability discrimination accommodation and to determine whether the requested accommodation is effective. They can only revoke an offer of employment if the job’s physical demands are so severe that no reasonable accommodation is available. Employers may, however, require an employee to cooperate with a medical professional or agency to obtain medical information that is necessary to perform the job, and they must keep this medical information confidential.

In housing, the Fair Housing Act and the ADA protects people with disabilities by prohibiting discrimination in rental units or facilities that are open to the public such as apartments, homes, restaurants, theaters, museums, doctors offices and banks. Discrimination in these spaces can occur when landlords refuse to rent to a person with a disability, require an unreasonable deposit from a disabled tenant or prohibit a service animal based on a blanket “no pets” policy.

What Are the Legal Protections Against Disability Discrimination?

Disability discrimination can also occur in education and training. Individuals who have disabilities are often denied opportunities to participate in professional development programs or other activities that can enhance their skills and boost their career. Discrimination in these areas can be especially harmful for individuals who have less experience working in their chosen field.

It is illegal for employers to reject an applicant or discipline a worker because of a nonjob-related disability that could become job-related or a past nonjob-related disability law that might recur, although they can impose more rigorous qualification standards. It is also illegal for employers to discriminate against employees because of their disabilities by refusing to train them, imposing an excessive workload, or giving them a lower pay grade than their nondisabled coworkers.

For example, a company might overlook a qualified candidate because they use a wheelchair, assuming that they would not be able to perform the required tasks. In reality, with proper accommodations like accessible workstations or flexible schedules, individuals with disabilities can perform as effectively as their non-disabled counterparts. Employment discrimination also includes failure to provide necessary aids such as sign language interpreters or adaptive technology for workers with hearing or vision impairments.

If you believe you have been subjected to disability discrimination, it is important to take action. You can file a complaint with the federal EEOC or, in New York City and New York state, with your local human rights commission. Rossman Law Group can help you understand your options for pursuing redress. Call us for a free consultation with a member of our team.