In 2007, more than seventeen thousand complaints of disability discrimination in the workplace. According to Title I of the Americans with Disabilities Act of 1990, employers are prohibited from discriminating against qualified candidates in any position work, including selection, promotion firing or compensation on the basis of their disability.
person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or has been deemed to have such impairment. A qualified applicant is defined as someone who, with or without reasonable job can perform operations necessary for the position. Reasonable accommodation may include making existing facilities accessible to people with physical impairments, restructuring work or change or add equipment or devices.
As defined in the Act, employers are not required to lower quality or production standards to make accommodation, which can make a charge of disability discrimination complicated legally. The employer can argue that accommodation constitutes undue hardship depends on the cost of housing, business development and / or effect of housing would have on business. Although disability discrimination is not limited to specific circumstances, there are two main situations where discrimination occurs at all.
If at the first situation. When a disabled person applies for the position he is qualified but is not hired because of his disability, he or she can file a failure to hire claim. In the interview process, the potential employer is able to break the law in various ways. One of them is by asking certain questions about the severity of the disability or how disability will affect the applicant is on-the-job performance.
Other types of disability discrimination can face individuals is a failure of their employer to make reasonable accommodations. Define what reasonable accommodations are can be very complex issue. Generally, they are fairly minor benefits, without great cost, which allow individuals with disabilities to perform their job better. The following are examples of reasonable allowances: Set desktop to accommodate an employee in a wheelchair, providing interference without workplace for employees with ADD, providing TDD telephone equipment, and adjust schedules. The above is by no means sufficient.