Any worker with a disability has a right to work in California. If you are an applicant or an employee who is being retaliated against due to your disability, you have to enforce your rights as soon as possible. According to the Americans with Disabilities Act (ADA), anyone with a disability should have a reasonable accommodation from their employer to ensure they can work with ease as long as this will not cause undue hardship to the company. If your employer has discriminated against you because of your disability, take the necessary steps to protect your rights, you may choose to have a labor employment attorney help you file a claim.
Who Is Covered By The Americans with Disabilities Act?
Whether you are an applicant or an employee, ADA will cover you as long as:
- You have a disability: This includes a mental or physical impairment that restricts you from performing one or more major life activities.
- You have a history or record of impairment.
- Others perceive you as having an impairment. If your employer has discriminated against you against an incorrect belief that you have a disability, you may be protected under the ADA.
If your employer has more than 15 employees, he/she must provide qualified workers with equal disability benefits opportunities available to others. For instance, there are certain questions that cannot be asked to applicants with disabilities before a job offer is made. If you are a job applicant with a disability, you have the right to request a reasonable accommodation from your employer.
There are certain requirements for one to be protected under the ADA. They include:
- Possess all the employer’s requirements that every job applicant must have, such as education, work experience, etc.
- You must be capable of performing the fundamental duties with or without reasonable accommodation. However, no employer should fail to hire you simply because your disability prevents you from performing tasks that are not necessary for the job.
You don’t have a right to ask that a certain requirement be removed to ensure you have reasonable accommodation. Again, unless the disability is obvious, you must request a reasonable accommodation as your employer doesn’t have all the time to determine who has a disability in the workplace. Reasonable accommodation should not create an undue hardship to an employer. To determine whether a reasonable accommodation will create an undue hardship, the below may apply:
- The cost of accommodation and the costs already incurred at the workplace
- The financial position of the business. A small business may not have much to set aside for reasonable accommodation.
- The nature of the business
Talk With An Employment lawyer.
You may be a job applicant who has been discriminated against, or your employer has retaliated against you because you raised a complaint about having reasonable accommodation to you and other employers. In such a case, you can consider looking for an experienced employment lawyer who will help you learn of your legal rights. A violation of the ADA is not taken lightly; your employer may face harsh penalties for such actions.