In the legal aspect, laws of state and federal authority have refused to allow any discrimination based on disabilities or perceived disabilities in employment or the related area.
As of today, we can see various incidents related to discrimination in the workplace based on the disability of employees, but so many are not reacting properly to these issues and various incidents are not known by the public. This is because so many such persons are not aware of the legal support made for them by the concerned authorities such as The Americans with Disabilities Act (ADA) and Rehabilitation Act which is meant for the protection and security of employees in the workplace. ADA is a civil rights law that protects disabled people from discrimination in the areas of public life, jobs, schools, transportation, and in all public and private places which are accessible for the general public. These laws are applicable for the employees who can perform essential functions of the job even if it requires some reasonable accommodation to do so.
What is a Reasonable Accommodation?
Reasonable accommodations may be defined as some sort of reasonable adjustments provided for the disabled employee to carry out the essential functions of the job. But that's only if the analysis showed that providing such an accommodation will cause undue hardship to the functioning of the company. If a company will face considerable difficulty or cost as a result of the impairment, it is considered to be entitled to an unfair burden.
Undue suffering is also based on a variety of factors which includes:
• The type of accommodation required and the cost of doing so.
• The business’s total financial capital, the number of employees working at either the facility as well as the impact on facilities expenditures and revenues.
• The manager's form of company, such as the composition and duties of the employees, as well as the fiscal association with the facility that is providing the accommodations.
Where impairment isn't immediately apparent, the employer may request relevant medical evidence from the worker. Workers should be encouraged to include a list of constraints that can only be followed for them to be accommodated. This order for evidence, however, doesn't grant the manager access to the worker's entire medical file and background.
Who is Protected Under Disability Laws?
• Persons with any psychological disease, condition, disorders, or anatomical loss will limit them from the usual life of ordinary people and their activities such as walking, talking, hearing, seeing, learning, working, etc. Some examples of these include HIV/AIDS, hepatitis, epilepsy, and diabetes.
• Persons having a mental or physical impairment which may be temporary or permanent like a condition that lasts for 5 months such as broken hands or legs, stress, anxiety, or clinically diagnosed depression stage.
• If a person has a history of any medical impairment like cancer that is in partial or complete remission.
• If an employer regards his employee to have a physical or mental impairment that is disabling, potentially disabling, or regarded as disabling or potentially disabling.
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