Wednesday, May 8, 2013

Disabled Discrimination in the Workplace


Employees and job applicants with disabilities are legally entitled to the same rights and consideration that workers without disabilities enjoy. Under federal law, an employer cannot consider a person’s disability when making hiring decisions and cannot treat him differently in the workplace because of it. If the employer does, the employee can take legal action.

Legal Definition of Disabled

The Americans With Disabilities Act, passed in 1990, protects job applicants and employees from workplace discrimination based on disability. The law defines a disability as a permanent or chronic injury or medical condition, such as blindness, hearing impairment or mobility issues such as those requiring the use of a wheelchair. Temporary ailments, such as a broken bone or a short-term illness, aren’t covered by these federal anti-discrimination laws. However, a history of illness, such as cancer now in remission, is covered. The law applies not only to obvious disabilities such as physical impairment, but also to less noticeable conditions such as emotional or mental disabilities, including learning disabilities.

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