February 1, 2008

The Federal Law on Disability

People with disability enjoy protection from discrimination at work under the Americans with Disability Act. This federal law applies to companies who employ fifteen or more people for a minimum period of at least 20 weeks.
Under its provisions, employers cannot discriminate against qualified persons with disability in:
0 Hiring
0 Application process
0 Promotion
0 Pay and benefits
0 Discharge and termination
0 Other conditions of employment
People with disability are also entitled to the following rights:
0 Medical examinations and inquiries
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may only be asked about their ability to perform specific job functions.
A job offer may be conditioned based on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.
0 Drug and Alcohol Abuse
Employees and applicants currently into the illegal use of drugs are not covered by the ADA when an employer acts because of such use.
Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for […]