Disability Discrimination

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against persons with disabilities in the workplace. Specifically, Title I of the ADA makes it illegal to treat a person with a disability differently with respect to hiring, firing, advancement, compensation, job training, and other terms and conditions of employment. Title I of the ADA applies to all employers with 15 or more employees, including employment agencies and labor unions.

The ADA provides that an employer must make a “reasonable accommodation” to the known disability of an employee as long as it will not create an “undue hardship” on the employer’s business. Providing a reasonable accommodation means changing aspects of the job so that the employee with a disability can perform the job. Undue hardship means something that causes significant difficulty or expense to the employer, considering the size, financial resources, and the nature of the employer’s operations.

Even though an employer must make a reasonable accommodation with respect to disabilities of employees, an employer is not required to lower quality or production standards. An employer is also not required to provide glasses, hearing aids or other personal use items.