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Disability discrimination

The Americans with Disabilities Act (the "ADA") protects you from discrimination based on your disability.

Which disabilities are covered by the ADA?

Not all disabilities are covered by the ADA. For your disability to be covered, you must show that you suffer from a "physical or mental impairment" that "substantially limits" a "major life activity".

What is a "major life activity"?

A "major life activity" is an important activity that you might do on a regular basis, such as learning, thinking, seeing, walking, breathing, or procreating.

When does a disability "substantially limit" a major life activity?

Your disability is substantially limiting if it prevents you from being able to do the major life activity on a regular basis. If your disability is only temporary (like a broken leg), then it probably isn't covered. Also, if a corrective device (like contact lenses) or medication corrects your disability, your disability might not be covered.

Do I have to show that I can still perform the job?

Under the americans with disabilities act, you must show that your disability does not prevent you from performing all of the "essential functions" of that job. "Essential functions" normally means all of the important duties of the job, but not the duties that are only secondary. For example, typing at a certain speed is almost certainly an essential function of a secretary's job, but having to lift a heavy box of typing paper from a file cabinet once every month would probably not be an essential function.

Reasonable accommodation

Your employer must give you a "reasonable accommodation" so that you can perform the job. A "reasonable accommodation" is a change or modification to your job that makes it easier for you to do the job with your disability. If you can perform the basic duties of the job with that "reasonable accommodation," you are protected from discrimination based on your disability. Examples of reasonable accommodations include:

• Modifications to equipment, workspace or materials
• Changes in work schedules that do not affect your ability to do the job
• Alterations to the office that make all areas accessible to a wheelchair user
• The hiring of a reader or interpreter to assist an employee who is deaf or hard of hearing

What if the reasonable accommodation is "too expensive"?

Your employer need not make an accommodation that would create an "undue hardship" for your employer. Whether something is an undue hardship will depend on the employer's size and wealth. Large companies have a harder time proving that accommodations are an "undue hardship". If the change you need is too drastic for your employer, it will not be considered reasonable. For example, if you request to start your eight-hour shift three hours late every day because your disability makes it difficult to wake up, this might not be a reasonable accommodation. On the other hand, if you ask your employer to install "voice recognition" software to allow you to perform your job, that request may be reasonable. For more information on americans with disabilities act, contact a labor lawyer in your area.