To understand what duties and obligations an employer owes to their disabled employees, it is first important to understand whom the law protects. The Minneapolis resident must be qualified for the job and have a disability that is defined by the law. This can be shown by three ways: a person could be disabled if they have a physical or mental condition that substantially limits a major life activity, such as walking; a person could be disabled if they have a history of disability, such as cancer in remission; or a person may be disabled if they have a condition that is not transitory and minor.
When a job is being offered to the applicant and they are required to answer certain medical questions or pass a medical exam, the law also requires that all new employees be required to answer the questions or take the exam. This means it cannot be fashioned specifically to disqualify a disabled applicant. As per the Equal Employment Opportunity Commission, discrimination is prohibited in any aspect of employment, including hiring, job assignments, layoff, training and fringe benefits.
Once the employee begins working, it is illegal to harass them because of their disability, whether past or present. An employer must also provide reasonable accommodation to an employee of job applicant with a disability, unless it would place an undue hardship on the employer. Many people may not know that the law also protects them from discrimination if their family member has a disability.
When a covered employer discriminates against a disabled person who is covered by the Americans with Disabilities Act or the Rehabilitation Act, they are acting unlawfully. Unfortunately, discrimination still takes place in the workplace and those who have faced disability discrimination are not without options. They may want to consider consulting an experienced attorney to learn what those are.
