The Equal Employment Opportunity Commission and the Americans with Disabilities Act protects employees from being discriminated against on the basis of a disability. The law does not protect everyone with a medical condition. The EEOC lists three ways a person can show that he or she has a disability:
· A physical or mental condition that substantially limits a major life activity
· A history of a disability
· A physical or mental impairment that is not transitory and minor.
Disability discrimination is when an employer treats a qualified employee or applicant less favorably because they have a disability or a history of a disability. An employee or applicant is also protected from discrimination based on their relationship with a person with a disability.
An employee with a disability is protected in all aspects of employment, including:
· Job assignments
· Fringe benefits
· Any other condition of employment
Disability discrimination protects employees with a disability against harassment as well. Harassment includes making offensive remarks regarding the employee’s disability. However, the harassment must be frequent or so severe that is creates a hostile work environment or results in adverse employment actions.
An employer must provide reasonable accommodations to an employee who has a disability, unless doing so would cause undue hardship. Undue hardship means that it would be too expensive or difficult for the employer to provide. However, the employer cannot deny an accommodation just because it requires some cost. If one or more accommodation works for the employee, the employer may decide which one to provide.
If you’ve been discriminated against, contact us at the Tyler Allen law firm by filling out the form on this page or calling us at (602) 456-0545. We can help.