Disability Discrimination in the Workplace on the Rise

2010 saw a drastic increase in the number of workplace disability discrimination claims. According to the Equal Employment Opportunity Commission (EEOC), the agency received a record 100,000 complaints of disability discrimination in 2010, a 17% increase over the previous year.

The rise in claims was attributed in part to amendments to the Americans with Disabilities Act (ADA) that went into effect in 2009. Under the ADA Amendments Act of 2008, Congress increased the scope of qualifying disabilities to make it easier for individuals to receive protection under the important federal civil rights law. This included overturning a previous U.S. Supreme Court ruling that said available mitigating measures must be considered prior to determining if an individual has a disability.

The ADA and Reasonable Accommodation

By broadening the definition of disability under the ADA, Congress made it possible for many who have suffered discrimination in the workplace to take action against their employers for their discriminatory actions, including the failure to provide reasonable accommodation.

Under the ADA, federal and state employers and private employers with at least 15 employees are required to provide reasonable accommodations to employees and job applicants with disabilities who are otherwise qualified for an employment position. Thus, the employee must first be qualified for the position, which means he or she must have the requisite skill, training, education and experience for the job, prior to being entitled to a reasonable accommodation.

To continue reading, click here.