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8
Understanding Your Rights
Summer 2020 session
If you have a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability.
Are You Protected by the ADA?
If you have a disability, you must also be qualified to perform the essential functions or duties of a job, WITH or WITHOUT reasonable accommodation, in order to be protected from job discrimination by the ADA.
An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.
The ADA makes it unlawful to discriminate in all employment practices such as:
Employment Practices
-Recruitment
-Firing
-Hiring
-Training
-Job assignments
-Promotions
-Pay
-Benefits
-Lay off
-Leave
-All other employment related activities.
It is also unlawful for an employer to retaliate against you for asserting your rights under the ADA.
It's Illegal
What Is Reasonable Accommodation?
Reasonable Accommodation
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.
Providing or modifying equipment or devices
Job restructuring
Part-time or modified work schedules
Reassignment to a vacant position
Examples
Adjusting or modifying examinations training materials, or policies
Providing readers and interpreters
Making the workplace readily accessible to and usable by people with disabilities
Can an Employer Require Medical Examinations or Ask Questions About a Disability?
If you are applying for a job, an employer CANNOT ask you if you are disabled or ask about the nature or severity of your disability.
Employers
An employer CAN ask if you can perform the duties of the job with or without reasonable accommodation.
An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.
Should I tell my employer that I have a disability?
Telling Your Employer
If you think you will need a reasonable accommodation in order to participate in the application process or to perform essential job functions, you should inform the employer that an accommodation will be needed.
Is an employer required to provide reasonable accommodation when I apply for a job?
Interviewing
Yes. Applicants, as well as employees, are entitled to reasonable accommodation.
For example, an employer may be required to provide a sign language interpreter during a job interview for an applicant who is deaf or hearing impaired, unless to do so would impose an undue hardship.
Can an employer pay me less than other employees doing the same job because I need a reasonable accommodation?
Salary
No. An employer cannot make up the cost of providing a reasonable accommodation by lowering your salary or paying you less than other employees in similar positions.