The disability of a person, whether it is a result of a personal injury case or an illness, is very hard to accommodate especially if certain policies would prevent him from living normally and being treated as an equal.
Because of this, the Americans with Disability Act (ADA) has been approved which includes certain provisions in employment, public services and accommodation, transportation, and telecommunication.
To provide better awareness to working people with disability, here are FAQs and corresponding answers.
• What are the requirements that should be met by an individual before being considered as a qualified disabled worker?
The person must possess the requirements for the job position such as the education, experience, and skill that the company is looking for despite his mental or physical condition. His disability should have little or no effect to his job performance.
• Who are the disabled employees covered by ADA?
Employees covered by the ADA include government workers, as well as those who are working for private companies, labor unions, and employment agencies.
• Should the employer pick a disabled applicant compared to another who is not?
The employer is not obliged to pick the person with disability over other applicants. His disability should not be a factor in his application provided that he is qualified for the vacant position. The disabled cannot be discriminated against in the same way that he cannot be favored upon solely because of his condition.
• Are disabled but qualified applicants protected by the ADA?
Yes. Even those who are still applying for a job vacancy can file complaints if they feel that they are not treated equally because of their condition.
• Does the employer have to know the applicant’s condition?
Yes. It is in the discretion of the employer to ask the applicant to identify themselves as disabled. Their inquiry, however, should be in accordance to the one mandated by the Rehabilitation Act of 1973. Also, the information disclosed must be kept private and separated from the employee’s personal records.
• What should employers do to accommodate the condition of the employee?
Employers are required to provide reasonable accommodation to employees by providing them with the same privileges and rights as other workers without disability.
The employers, however, should be aware of the employee’s condition for him to make certain adjustments that would benefit the latter.
Employment disputes often arise when employees feel that they are not provided with their needed accommodation as a disabled worker. In most cases, they recover back wages and other compensation for their losses caused by the inequality in the workplace.
It is important for them to locate local employment lawyers who can assess whether or not they are entitled to receive compensation.
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