Do you know the rights of disabled workers? If you are disabled, you are among 17% of the working population with a disability. The provisions of Title I of the Americas with Disabilities Act of 1990 (ADA) apply to state and local governments, employment agencies, and labor unions. When the title went into effect, employers with 25 or more employees were covered starting mid-year in 1992. Just two years later, employers with 15 employees or less were covered starting July 1994. However, employment practices of state and local governments of any size stated coverage by Title II of the ADA, which took effect in 1992.
Do you know what practices are covered by the ADA nondiscrimination requirements? Discrimination is strictly prohibited in all employment practices, including application for employment, hiring, termination, promotions, compensation, training, and other terms or conditions of employment. It also applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.
Do you have a disability that requires reasonable accommodation? In other words, a modification or adjustment to a task or work environment is necessary to enable an employee with a disability to perform the essential job functions safely and efficiently. To assure a qualified individual with a disability has the same rights and privileges equal to those of non-disabled employees, reasonable adjustments should be made.
Should my employer know how to make a reasonable accommodation for my disability? Probably not; an employer is only required to accommodate a “known” disability. It is your responsibility to make your employer aware of any requirements needed to perform the job. Accommodations are made on an individual basis because the extent of the job and its requirements will vary in each case. If you do not request an accommodation, the employer is not obligated to provide one. Many times it will be necessary for the employer and individual to work together to identify the appropriate accommodation.
There are many resources, public and private, to provide assistance for disabled requests for workforce accommodation. Many of these resources provide assistance without cost. Have questions about the rights of disabled workers? Let PREEMPT point you in the right direction – contact us today.
