Disability Discrimination FAQs
Q: What types of accommodations have courts deemed “reasonable” for individuals with disabilities?
A: The term “reasonable” is subjective and the terms of a “reasonable accommodation” are often based on the nature of the company, e.g., whether the company is large enough and sufficiently financially stable to restructure its facilities to provide the accommodation. It is crucial to evaluate each situation on a case-by-case basis. The following are examples of accommodations which courts have deemed reasonable:
- Modifying existing facilities to make them more usable by disabled employees, such as installing computer screen magnifiers or telecommunications for the deaf;
- Modifying exams and training materials, such as allowing an employee extended time to take an exam, or offering the exam in an oral rather than written format;
- Providing unpaid leave for medical treatment;
- Restructuring work schedules, such as allowing a ten hour/four day workweek so that a disabled employee can attend weekly physical therapy;
- Hiring readers or interpreters to assist an employee; and
- Reassignment of the disabled employee to a vacant position for which the employee is qualified.
A: The prospective employer can ask you questions about your ability to perform tasks essential to the job in question. He/she cannot ask you questions about the existence, nature or severity of a disability, past or present. Medical evaluations can be conducted only if all prospective employees in the same job category are subjected to medical evaluations. You cannot be singled out for a medical evaluation based on a perceived or actual disability.
Q: How does the ADA pertain to drug and alcohol users?
A: Drug testing is not considered a medical examination, and is therefore not covered under the ADA. Individuals currently using illegal drugs are not protected by the ADA. Alcoholism is considered a disability and can be covered by the ADA as long as the individual is qualified to perform the essential functions of his/her job. An employer may be required to provide an accommodation to an alcoholic, but an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects his/her job performance. An employer also may prohibit alcohol in the workplace and require that employees not be under the influence of alcohol while in the workplace.
Q: How does the ADA pertain to HIV/AIDS?
A: Acquired Immune Deficiency Syndrome or AIDS as well as testing positive for the virus HIV, are generally covered under the ADA as disabilities. Therefore, it is illegal for an employer to fire, refuse to hire, or otherwise discriminate against a qualified employee with AIDS/HIV.
Q: What should I do if I believe that I am being subjected to disability discrimination?
A: The ADA mandates that you inform your employer of your disability and need for an accommodation. It is best if you do this in writing. You must then work with your employer to find an accommodation. that works for both of you. There are many public and private organizations that can assist you in this process if you and your employer are having difficulty finding an appropriate accommodation. (please see the “Useful Links” section of this site). If your employer is not cooperative, or if you are unable to find a solution, you may want to seek help from an attorney. You may contact this firm for an initial consultation at no charge.
Q: What kinds of damages are available under the ADA?
A: A victim of disability discrimination can recover economic loss such as back pay (lost wages) and front pay (future wages) that he or she would have earned absent the discrimination, or a court may require an employer to reinstate or promote a person to a position denied because of discrimination, as well as compensatory damages for emotional distress, and punitive damages if the employer acted with malice or reckless indifference. In a successful lawsuit, the plaintiff can recover attorney’s fees and court costs. The employer may also be forced to take corrective or preventative measures to ensure that the discrimination does not happen again.