The Americans with Disabilities Act (ADA) and the Civil Rights Department do not allow employers to discriminate against qualified applicants and employees on the basis of disability.
Back to topWho is protected?
The law covers qualified applicants and employees with disabilities. A qualified individual with a disability is defined as an individual with a disability who meets the skill, experience, education and other job-related requirements of a position held or sought, and who, with or without reasonable accommodation, can perform the essential functions of the job.
A person with a disability is an individual who:
- has a physical or mental impairment that limits a major life activity; or
- has a record of such an impairment which is known to the employer; or
- is regarded by the employer as having, or having had, such an impairment; or
- is regarded by the employer as having, or having had, a disorder or condition that has no present disabled effect, but that may become a disability.
Impairments that require special education or related services are also disabilities.
Major life activities include seeing, hearing, breathing, walking, speaking, learning, working, caring for oneself, performing manual tasks, lifting, and other physical, mental and social activities, etc.
Back to topYour rights under the law
Back to topApplicants
- An employer must provide equal employment opportunity for qualified applicants with disabilities to enable them to participate in the job application process and to be considered for a job.
- Reasonable accommodations must be provided, as needed, to ensure that individuals with disabilities have equal opportunity in the application and selection process, unless to do so would be an undue hardship or pose a direct threat to the health and safety of others.
- An employer does not have to accommodate individuals who are not otherwise qualified for the position that they seek.
- Tests must be job-related, that is, designed to measure the skills and abilities that an employee will need on the job.
- The law prohibits discrimination, but does not require affirmative action. The employer is free to hire the most qualified applicant.
Employees
- The law prohibits discrimination in all employment practices, including, but not limited to, promotion, transfer, termination, compensation, job assignments, leaves of absence, fringe benefits, training, activities, and any other term, condition, or privilege of employment.
- The employer must provide reasonable accommodations to qualified employees with disabilities, unless to do so would be an undue hardship or pose a direct threat to the health and safety of others.
- An employer does not have to accommodate employees who are not otherwise qualified for the position that they hold.
Medical examinations and inquiries
- An employer may not require applicants to take medical examinations or answer any disability-related questions. The employer may ask about a job applicant’s or employee’s ability to perform job–related functions and may respond to an applicant’s or employee's request for reasonable accommodation.
- Once a conditional offer of employment has been made, the employer may require a medical examination or ask disability-related questions, provided that the examination or question is job-related and consistent with business necessity and all entering employees in the same job classification are subject to the same examination or question.
- An employer may require medical examinations or ask disability-related questions of an employee, provided that the examination or question is job-related and consistent with business necessity.
- An employer may require medical documentation to evaluate a request for reasonable accommodation by an employee or an applicant.
- Tests to detect illegal use of drugs are permitted under the law and are not subject to the above restrictions.
Confidentiality
Medical-related information shall be confidential, except for those supervisors, safety personnel, compliance officers, or other specified individuals who have a need to know.
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