Disability Discrimination

Disability Discrimination in the Workplace

Discrimination Based on an Actual or Perceived Disability

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. Employers may not make decisions related to hiring, firing, promotions, job assignments or compensation based upon an employee's disability or history of a disability, whether this disability is actual or simply perceived. If a potential hire or employee is disabled but can perform the essential duties associated with the job at hand, the employee is entitled to be treated the same as non-disabled employees.

The ADA also requires employers to make reasonable accommodations to disabled employees, unless accommodating the disability would pose an undue hardship for the employer. If you become disabled as a result of a workplace injury or an accident outside of work, or if you have or develop a disability, and your employer denies your request for a reasonable accommodation, you may have a valid disability discrimination claim against your employer.

If you are disabled, you are entitled to the same opportunities and treatment as non-disabled employees, as long as you are qualified for and able to perform the key responsibilities associated with the position you are applying for or are performing.

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