Discrimination Based on Disability

What is a Disability?:

Disability is any impairment, activity limitation, or participation restriction. Any physical or psychological abnormality that limits or prevents the ability to perform any major life activity. Disability law is regulated by the Americans with Disabilities Act and prohibits the discrimination of any individual with a disability. It prohibits the discrimination in employment, education, housing, and public services. Disability law requires employers to offer fair opportunities to individuals with disabilities. It also requires that tenants not discriminate an individual with a disability, that public schools meet the needs of children with disabilities, and that public services be accessible to all. Discrimination against those with disabilities is unlawful.

Procedures Under ADA:

The ADA was enacted by the United States Congress to prohibit the discrimination under certain circumstances against people with disabilities. The ADA prohibits age discrimination as well as discrimination for any physical or mental disability. The age discrimination in employment act protects those who are forty years and older from discrimination based on age. Everyone deserves the same opportunities in all aspects of the job. This includes hiring, training, promotions, firing, benefits, and job assignments. The age discrimination act also prohibits the discrimination in housing, education, and public services. If an individual is discriminated against then they should file a complaint and may even file a claim in federal court after an allowed period of time.

"Reasonable Accommodation":

Reasonable accommodation is an adjustment or modification to a job or work environment to give a qualified employee the ability to perform the functions of the job. Reasonable accommodations give disabled employees equal opportunities and prevents discrimination. To qualify for reasonable accommodation a qualified employee must be able to perform the the tasks of the job with or without accommodation. An employer is required to modify tasks for an individual with disabilities. They should also make schedule changes that would facilitate in any need an employee may have. Simple changes like designated parking spaces, easily accessible break rooms and bathrooms are required. Employers are required to provide equal benefits and equal accommodations to all employees, even those with disabilities.

Undue Hardship:

Undue hardship is a legal term referring to any accommodation that would appear to be difficult, costly, or extensive for the employer. Any accommodation that is unreasonable to ask for would be considered an undue hardship. Disable employees should be able to perform the tasks of the job to be qualified. While an employer is required to make small accommodations to provide easier accessibility to the job, they are not required to make any large modifications. For example, they are not required to provide prosthetic limbs to employees, if the employee can't perform the tasks without the limb then they are not qualified for the job. The disability act promotes the equal opportunities for all, it also protects the employer from having to endure any undue hardships.