Disability discrimination act who is covered

An employer does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which one to provide. Not everyone with a medical condition is protected from discrimination. In order to be protected, a person must be qualified for the job and have a disability as defined by the law. The law places strict limits on employers when it comes to asking any job applicants to answer disability-related questions, take a medical exam, or identify a disability.

For example, an employer may not ask a job applicant to answer disability-related questions or take a medical exam before extending a job offer.

An employer also may not ask job applicants if they have a disability or about the nature of an obvious disability. An employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.

After a job is offered to an applicant, the law allows an employer to condition the job offer on the applicant answering certain disability-related questions or successfully passing a medical exam, but only if all new employees in the same type of job have to answer the questions or take the exam. Once any employee is hired and has started work, an employer generally can only ask disability-related questions or require a medical exam if the employer needs medical documentation to support an employee's request for an accommodation or if the employer believes that an employee is not able to perform a job successfully or safely because of a medical condition.

Two sections of the ADA relate to employment:. Additional Information : The U. The EEOC website has a section dedicated to disability discrimination that summarizes the ADA provisions it enforces and provides access to related publications and resources. The Rehabilitation Act authorizes funding for various disability-related purposes and activities, including state vocational rehabilitation VR programs, independent living programs, training and research, and the work of the National Council on Disability.

For additional information on specific Section policies, contact the relevant agency's EEO office. The Workforce Innovation and Opportunity Act WIOA consolidates federal job training and employment programs, including employment and training services for adults, dislocated workers, and youth and Wagner-Peyser employment services administered by the Department of Labor DOL ; and adult education and literacy programs and Vocational Rehabilitation programs for individuals with disabilities administered by the Department of Education DoED.

For additional information, including a self-assessment checklist for covered employers and programs, see the Civil Rights Center's website. VEVRAA's Section specifically prohibits discrimination against covered veterans with disabilities in the full range of employment activities.

The Civil Service Reform Act CSRA , which covers most federal agencies, contains several rules designed to promote fairness in federal personnel actions and prohibit discrimination against applicants and employees with disabilities. We cannot respond to questions sent through this form. Breadcrumbs Home Advice Dealing with problems at work Discrimination, bullying and harassment. Understanding disability discrimination What disability means How and when disability discrimination can happen Types of disability discrimination Reporting disability discrimination at work How employers should handle a disability discrimination complaint Steps for employers to prevent disability discrimination.

Understanding disability discrimination Disability is one of 9 'protected characteristics' covered by discrimination law Equality Act It's important to understand that: most disabled people were not born with their disability anyone could become disabled at any stage of their working life some disabilities are not obvious to others — often called non-visible, invisible or hidden disabilities not everyone who's protected by discrimination law will consider themselves to be disabled Discrimination can also be because of more than one protected characteristic — for example disability as well as race, religion or belief, sex, or sexual orientation.

Who is responsible Anyone who discriminates against someone at work is responsible for their own actions. Examples could include: someone is turned down for a promotion because of a high absence record in the past, when their employer knew this was because of a serious injury that was considered a disability someone is harassed at work because of a past mental health condition When an employer can make a decision based on disability In some cases, it may not be against the law for an employer to make a decision based on someone's disability.

Find out more about when an employer may make a decision based on disability Coronavirus COVID and disability discrimination Disabled people and many people with health conditions have been disproportionately affected by the COVID pandemic.

By law, employers must consider this when they make any decisions related to the pandemic, for example: workplace safety returning to work ways of working, for example flexible working or hybrid working supporting staff who are at a high risk from COVID redundancy Read our coronavirus COVID advice for employers and employees. Last reviewed. Print Download. Print close X. The nidirect privacy notice applies to any information you send on this feedback form.

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