Disability Discrimination in 2020: Know The Rights for Disabled People

While discriminating because of disability is illegal in the United States, some employers skirt the law.

If you suffer from a disability, it's important that you know your rights in the workplace so that you're able to know when you're being treated unfairly or illegally. Knowing your rights helps to protect you against unlawful discrimination.

If you're unsure of the rights of disabled people in the workplace, don't worry. We've collected the basics here for you.

Read on to learn your rights at work and help guard yourself against discrimination.

1. People With Disabilities are Protected From Discrimination in Employment

Title I of the Americans with Disabilities Act states that it's unlawful to discriminate against qualified applicants or individuals with disabilities. 

This relates to all areas of the workplace in which a job can be at stake. No one can be discriminated against in areas of hiring, firing, job training, or advancement. This means that you can not be refused a job solely because of your disability, you can not be fired solely because of your disability, and you can not be refused a promotion that you have earned solely because of your disability. 

It also protects you from unfair compensation and any other loss of privileges that could come from disability discrimination. 

So long as the individual is capable of doing the job in question, they must be considered on an equal field with all other applicants for the position. 

2. You Do Not Need to Disclose Your Disability

The choice to disclose your ability is entirely up to you. There is no obligation and you should never be pressured. Part of protecting rights for disabled people is ensuring that no one has to out themselves unnecessarily. 

This is true both during the process of applying and interviewing for the job and after you are hired. While many applications have a voluntary disclosure form, this form must be voluntary and you are not required to answer or answer honestly.

This remains true even if you must request reasonable accommodations later in your work experience because of your disability. 

People's experiences shift and change all of the time, and sometimes a need for accommodations comes later. Sometimes people aren't aware of their disability until after the job has started. You can not be punished for not disclosing your disability.

3. No Unnecessary Medical Inquiries

No employers are allowed to make unnecessary medical inquiries at work. An employer must have a valid and fair reason for asking any medical questions and they must be related to the job at hand, or related to any accommodations that are needed by the employee.

Asking about accommodations that have been requested can be okay, so long as it's approved by the employee.

During pre-employment, employers are not allowed to ask any questions that directly relate to the health or disability of the future employee unless they are directly related to the job (ex. "Can you lift 50 lbs or more?"). If the activity doesn't actually relate to the job, they are potentially engaging in unfair discrimination.

If you use a movement assistance device, the employer is not allowed to ask why. They may also not ask about any medications.

If the job is one that requires ALL employees to undergo medical or physical tests, only then can the employer require a medical test for an employee with disabilities. 

If an employer believes that your job would be better performed with reasonable accommodations, they may ask about a disability. The disability has to reflect the accommodation being given and the work that is suffering, so an employer can not ask about a mental health condition if the employee is having trouble lifting heavy objects.

4. Reasonable Accommodations

If your work would benefit from a reasonable accommodation, you're entitled to one based on the ADA. 

Basically, any change that the employer can reasonably make without undue hardship to the company that would help a qualified employee complete the essential functions of the job can be a reasonable accommodation. 

There are a wide variety of accommodations that can be made, but some of the more common ones are things like:

• Screenreaders
• Registered service animals
• Adjusted work equipment
• Accessible parking
• Job reorganization

Anything that an employer can provide without putting hardship onto them is a reasonable accommodation so long as it will help the employee complete their job.

5. Very Small Businesses Don't Qualify

Unfortunately, none of this applies to businesses that have fewer than fifteen employees. 

They are not required to uphold the standards put forth by the Americans with Disabilities Act.

What If I Suffer Disability Discrimination at Work?

If you suffer discrimination at the workplace (or during the hiring process) because of your disability, there are people you can contact for help. 

You can file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. This should be your first step. After this, you can contact a lawyer if you plan on filing a lawsuit against the employer. The charge must be filed first, though.

Different states have different time limits for when you are able to file a charge, so be sure to get it done in a timely manner to ensure that your rights are protected and defended.

Are You All Caught Up on the Workplace Rights of Disabled People?

The first step to protecting your rights is knowing your rights, and the rights of disabled people in the workplace need to be protected.

If you're unsure about whether or not you've suffered discrimination in the workplace, always consult the Americans with Disabilities Act.

For more information on employment for people with disabilities, please visit our page. We strive to provide help and resources for all people with disabilities seeking employment that will be friendly to their situation.