How the Americans with Disabilities Act (ADA) Protects Your Rights
The Americans with Disabilities Act of 1990, Title I, protects Tampa employees from disability discrimination. This disabilities protection covers all aspects of employment – promotions, wages, raises, health insurance, and all other aspects of the job. Wrongful termination may also result from disability discrimination. If you have a disability, it is your right as an American citizen to be treated exactly the same way as anyone else.
The basic parameters of disability employment discrimination are simple. However, some of the details of what falls under the umbrella of disability employment discrimination may surprise you.
Who Is Covered?
Employees covered by the ADA include anyone with a mental or physical condition that limits their ability to perform any major human activity – such as limitations to the ability to learn, see, hear, walk, or talk
Inactive and/or Perceived
You also may be considered to have a disability if you have a medical history of a disability that is not currently active. If you are perceived to have a disability – even if you do not – you are covered as well.
Who Isn’t Covered
Not all American citizens are covered by the ADA. The company that employs you must have at least 15 employees. If you work for the federal government, you are also not covered by the ADA. However, you are covered by the Rehabilitation Act of 1973 (which contains similar parameters).
Even in the initial job interview, you have the right not to be treated differently from other applicants. It is unlawful for a hiring manager to ask about or make any references to your disability. You should also not be required to submit to any form of medical testing.
Right to Accommodations
You have the right to reasonable accommodations to allow you to perform your job effectively. These types of accommodations might include wheelchair access, supplying assistive technology for a hearing or visually impaired person, or an adapted work schedule.
Protection from Retaliation
You have the right to document a complaint with the Equal Employment Opportunity Commission (EEOC) and to file a lawsuit without fear that you will be demoted or lose your job. Additionally, an employer cannot punish you for reporting disability discrimination in the workplace or serving as a witness in another employee’s disability discrimination case.
If you feel that you have been discriminated due to your disability call the Wenzel Fenton Cabassa, P.A. office, or schedule your free confidential consultation now.