EEOC Disability Discrimination Protection under the ADA
November 10, 2011
In a previous Orange County employment lawyers blog, our attorneys discussed a recent U.S. Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuit settlement, where a disabled hotel front desk clerk was denied reasonable accommodation and fired, as a result of his autism.
The role of the EEOC is to enforce the federal laws that make it illegal to discriminate against an employee or applicant for employment, because of the person's disability. According to Title I of the Americans with Disabilities Act of 1990, (ADA), it is against the law to discriminate against disabled and qualified individuals in the job application process, or in hiring, advancement, employment training, job termination, compensation and other conditions and privileges of employment.
The commission also has the authority to investigate all charges of disability discrimination in the workplace, and to accurately assess the charges. If the commission finds that a disabled employee has been discriminated against, the EEOC can attempt to settle the discrimination charge, and if this attempt is not successful, the commission has the authority to file a disability discrimination lawsuit on behalf of the disabled individuals, in order to protect their employment rights.
Under the ADA, a disabled individual is a person who:
• Has a physical or mental impairment that seriously limits the person from one or more major life activities
• Has a record of this disability, and impairment
• Is regarded as an individual with such a disability, or impairment
The ADA also clarifies that a disabled and qualified job applicant or employee is an individual who, with or without the aid or reasonable accommodation, can perform the necessary functions of a specific job. A reasonable accommodation is an adjustment or modification provided by the employer to help disabled employees to experience equal opportunities in the workplace.
Reasonable accommodation under the ADA includes:
• Making existing job facilities used by employees entirely available, accessible, and usable by disabled persons.
• Restructuring or modifying a job to benefit the disabled individual--in terms of changing employment schedules, or reassigning job positions.
• Obtaining or modifying equipment, aids or devices for disabled employees, along with modifying or adjusting job examinations, policies, job training materials, and providing interpreters or readers to assist in reasonable accommodation.
Under the ADA, an employer is expected to reasonably accommodate the disability of a qualified worker or job applicant, unless the known disability imposes an "undue hardship" on the employers' business operations--which is defined as an action that requires much difficulty or expense to the company in regard to the company's financial resources, size, and the nature of the business and operation structure.
In cities throughout Orange County, California contact our labor and employment attorneys at Howard Law, PC today if you have experienced disability discrimination in the workplace.
Facts About the American's with Disabilities Act, U.S. Equal Employment Opportunity Commission, EEOC
About the EEOC, U.S. Equal Employment Opportunity Commission, EEOC
Related Web Resources:
Related Blog Posts:
California's Comfort Suites Settles Disability Discrimination Lawsuit for $132,500, California Employment Lawyers Blog, November 8, 2011
EEOC Sues Walgreens for Disability Discrimination, California Employment Lawyers Blog, September 19, 2011
Starbucks Agrees to Pay $75K in Dwarfism and Disability Discrimination Lawsuit Settlement, California Employment Lawyers Blog, August 23, 2011
Federal Government Aims to Increase Employment for Disabled People on ADA Anniversary, California Employment Lawyers Blog, August 4, 2011
Verizon's Class Action Disability Discrimination Lawsuit Settles for $20 Million, California Employment Lawyers Blog, July 11, 2011
AutoZone to Pay $600K for Disability Discrimination and Failure to Accommodate, California Employment Lawyers Blog, June 10, 2011
Starbucks Sued for Dwarfism and Disability Discrimination, California Employment Lawyers Blog, May 18, 2011