The Americans with Disabilities Act (ADA) is a federal law that was passed in 1990 to protect the rights of individuals with disabilities, including employees living in Maryland and the District of Columbia. The ADA protects workers in Maryland and the District of Columbia by making it illegal to discriminate against workers with disabilities. This article will explore the ADA and how it protects employees with disabilities.
The ADA makes it clear that employers can't discriminate against people with disabilities and that prohibition begins during the hiring process. For example, if an employer hires someone with fewer qualifications and experience than disabled person who meets the job posting requirements, that could be discrimination and prohibited under the ADA. An employer can't discriminate against disabled persons when giving job assignments or promotions either. Nor can employers fire someone based on their disability. But, as with anything, there are caveats, and that's why you should speak with an employment attorney.
The ADA protects workers in Maryland, but you should aks for a reasonable accommodation.
Employers must make reasonable accommodations to ensure that employees with disabilities have the same opportunities as their non-disabled colleagues.
Reasonable accommodations are changes to the workplace or job duties that allow employees with disabilities to perform their job duties. Examples of reasonable accommodations might include providing a sign language interpreter for a deaf employee, providing a wheelchair ramp for an employee who uses a wheelchair, or allowing an employee with a chronic medical condition to take breaks as needed.
Employers are required to provide a reasonable accommodation, but there are exceptions to the rule. If the accommodation would result in an undue hardship for the employer, they may not need to offer it. However, employers must make every effort to find reasonable accommodations that do not create an undue hardship.
As employment attorneys in Maryland and the District of Columbia, one of the mistakes we see employees make is not asking for a reasonable accommodation. An employment attorney can assist with this, and employers are likely to take the request seriously when coming from an employment lawyer.
Were you asked about your disability during the hiring process?
In addition to prohibiting discrimination and requiring reasonable accommodations, the ADA prohibits employers from asking questions about an employee’s disability during the hiring process. Employers can't ask about an applicant’s disability until after they have made a job offer. Even then, the employer can only ask questions related to the applicant’s ability to perform the job duties.
The ADA also protects employees from retaliation if they assert their rights under the law. This means that if an employee with a disability files a complaint with their employer or with the Equal Employment Opportunity Commission (EEOC), the employer is not allowed to fire them or demote them because of it.
The ADA protects disabled workers.
The Americans with Disabilities Act (ADA) is an important law that protects the rights of individuals with disabilities in the workplace. The ADA also protects employees from retaliation if they assert their rights under the law. If you have a disability and are being discriminated against at work, it is important to understand your rights under the ADA and to speak up if you feel that your rights are being violated. We also recommend speaking with an employment attorney and getting help requesting a reasonable accommodation before it becomes an issue.
Get help requesting a reasonable accommodation, or speak with an employment attorney about how the ADA protects workers in Maryland and the District of Columbia and how it can protect you. Schedule a free consultation with the Quinn Law Group today.