Disability Discrimination (ADA or Rehabilitation Act)

ADA

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

An individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities;
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

Employers are required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Rehabilitation Act

Section 503 of the Rehabilitation Act, which requires federal contractors and subcontractors with government contracts in excess of $10,000, to take affirmative action to employ and advance in employment qualified individuals with disabilities.

Section 508 of the Rehabilitation Act requires that electronic and information technology be accessible to people with disabilities

If you have any questions, inquiries or desire representation with regard to any of these types of claims, please send your questions to rsneed@fosterfoster.com

For more information about:

• Age discrimination (ADEA)
• Disability discrimination and hostile work environment (ADA and Rehabilitation Act)
• Discrimination or hostile work environment based on race, color, sex, gender, national origin, ethnicity, or religion (Title VII)
• Employment contract disputes (dual) Equal Employment Opportunity Commission (EEOC) and South Carolina Human Affairs Commission (SCHAC)
• Equal Pay Act (EPA)
• Family Medical Leave Act Claims (FMLA)
• Military leave laws (USERRA) and veteran discrimination (Sneed)
• Occupational Safety and Health Administration (OSHA)
• Pregnancy discrimination
• Retaliation, whistleblower, and free speech violations (dual)
• Severance package review, layoff and reduction in force (RIF) agreement review and negotiation (dual)
• Sexual harassment and hostile work environment (Title VII)
• Wage disputes, including: overtime, minimum wage, bonus, and vacation issues Fair Labor Standards Act (FLSA), the SC Wage Payment Act (dual)
• Worker Adjustment and Retraining Notification Act (WARN)
• Wrongful discharge or wrongful termination in violation of public policy