Disability bias is one of the most common forms of workplace discrimination in the United States. In 2011 alone, the US Equal Employment Opportunity Commission (EEOC) received a total of 25,742 disability discrimination complaints.
One reason for the prevalence of disability discrimination in the US employment setting is the ignorance of certain employers about their responsibilities under the law. One law that employers in the country should understand well is the Americans with Disabilities Act (ADA). Under this Act, employers with 20 or more employees are prohibited from discriminating against employees and applicants based on their physical or mental disability.
In relation to this, employers must familiarize themselves on the dos and don’ts, with respect to ADA, to ensure that the rights of the disabled employees and applicants are well-preserved and respected.
The Dos
1. Do provide reasonable accommodation to disabled workers and applicants. Under ADA, employers are implored to reasonably accommodate employees and job seekers with disabling condition. Employers may reasonably accommodate disabled applicants by altering or adjusting job application process in order to consider qualified disabled job seeker for a job position. For disabled employees, employers may adjust or modify their respective company’s work environment to cater to the unique needs of disabled workers when performing their duties. Moreover, employers may provide disability benefits to employees with disabling condition.
2. Do post notices of disabled employees’ rights under ADA. ADA requires covered employers to display posters summarizing the rights of employees under the Act. Employers must post such notices in conspicuous places of the workplace.
The Don’ts
1. Do not discriminate against disabled applicants. Employers cannot ask applicants whether or not they have disabling condition. Furthermore, employers are not allowed by the ADA to conduct medical examinations of applicants unless they have been offered the job.
2. Do not harass employees because of their disability. Teasing employees about their disability is prohibited by ADA. Employers or employees who will be found guilty of harassing disabled workers may be penalized.
3. Do not retaliate. Employers are prohibited from retaliating against disabled employees who filed a complaint with the EEOC. Non-complying employers may be charged of violating whistle blowing laws.
If employers will only learn and religiously practice their responsibilities under ADA, cases of disability discrimination in the workplace will likely decrease. Employers should respect, not discriminate against disabled people to improve the diversity of the workplace in the country.
One reason for the prevalence of disability discrimination in the US employment setting is the ignorance of certain employers about their responsibilities under the law. One law that employers in the country should understand well is the Americans with Disabilities Act (ADA). Under this Act, employers with 20 or more employees are prohibited from discriminating against employees and applicants based on their physical or mental disability.
In relation to this, employers must familiarize themselves on the dos and don’ts, with respect to ADA, to ensure that the rights of the disabled employees and applicants are well-preserved and respected.
The Dos
1. Do provide reasonable accommodation to disabled workers and applicants. Under ADA, employers are implored to reasonably accommodate employees and job seekers with disabling condition. Employers may reasonably accommodate disabled applicants by altering or adjusting job application process in order to consider qualified disabled job seeker for a job position. For disabled employees, employers may adjust or modify their respective company’s work environment to cater to the unique needs of disabled workers when performing their duties. Moreover, employers may provide disability benefits to employees with disabling condition.
2. Do post notices of disabled employees’ rights under ADA. ADA requires covered employers to display posters summarizing the rights of employees under the Act. Employers must post such notices in conspicuous places of the workplace.
The Don’ts
1. Do not discriminate against disabled applicants. Employers cannot ask applicants whether or not they have disabling condition. Furthermore, employers are not allowed by the ADA to conduct medical examinations of applicants unless they have been offered the job.
2. Do not harass employees because of their disability. Teasing employees about their disability is prohibited by ADA. Employers or employees who will be found guilty of harassing disabled workers may be penalized.
3. Do not retaliate. Employers are prohibited from retaliating against disabled employees who filed a complaint with the EEOC. Non-complying employers may be charged of violating whistle blowing laws.
If employers will only learn and religiously practice their responsibilities under ADA, cases of disability discrimination in the workplace will likely decrease. Employers should respect, not discriminate against disabled people to improve the diversity of the workplace in the country.
