Nationwide Law Firm Faruqi & Faruqi, LLP Looks at Employment Rights for Individuals with a Disability
The Americans with Disabilities Act of 1990 (ADA) makes it against the law for employers to discriminate directly or indirectly against an individual who has a disability, which is defined by the U.S. Equal Employment Opportunity Commission (EEOC) as having a physical or mental impairment that substantially limits a major life activity. Such discrimination may include (but is not limited to) harassing employees on the basis of their disability, requiring job candidates to answer questions about past or current medical questions, establishing or enabling an environment that imposes physical barriers such that individuals with disabilities have their mobility limited, and refusing to reasonably accommodate employees with a physical or mental disability so that they can safely and adequately perform work.

“While most people can clearly see if a practice is blatantly and directly discriminatory — for example, firing an employee who as the result of a car accident is confined to a wheelchair — there can be some confusion around indirect discrimination,” commented a representative from Faruqi & Faruqi, LLP, a nationwide law firm that focuses on complex civil litigation, “Essentially, indirect discrimination is rooted in policies, practices and protocols — both formal and informal — that adversely affect or exclude individuals with disabilities in an unequal way compared to individuals without disabilities. For example, an organization that does not make it feasible or convenient for an individual with a disability from eating their lunch in the lunchroom is engaging in indirect discrimination, and this is just as egregious, unacceptable and unlawful as direct discrimination.”

Individuals with a disability who believe that the are being discriminated against — as well as employees without a disability, but whose employer thinks that they have a disability — are protected by the ADA, provided that they work in an organization (including state and local government employers) with 15 or more employees. Generally, complaints must be filed with the EEOC within 180 days of the alleged discrimination, though in some states the duration to file is 300 days.

“In order to avail themselves of protection under the ADA, an individual must have a substantial impairment that significantly restricts or limits one or more major life activities, such as but not limited to speaking, hearing, seeing, walking, completing manual tasks, learning, caring for oneself, or breathing,” commented a spokesperson from Faruqi & Faruqi, LLP, “Furthermore, an individual cannot successfully allege discrimination on the basis of their disability or disabilities if they do not have the mandatory experience, skill, certification, knowledge, education or license to do the job in the first place. For example, people who are deaf in one ear can become a pilot, but like all other pilots — abled and disabled alike — they must be certified by the FAA. As such, an individual with deafness in one ear cannot claim disability-based discrimination by an airline or transportation company that refuses to hire them if they do not have the requisite certification.”

Human Rights Law

In addition, specific states have enacted laws to safeguard individuals from discrimination. For example, in New York where Faruqi & Faruqi, LLP is headquartered, Human Rights Law protects citizens from discrimination in areas such as employment, education, purchasing or renting a home or commercial space, or credit based on factors such as disability, race, creed, color, national origin, sexual orientation, Military status, age, gender or gender identity/expression, marital status, pregnancy, familial status, domestic violence victim status, predisposed genetic characteristics, lawful source of income (housing only), and prior arrest or conviction record. Citizens are also protected from retaliation for complaining about or opposing unlawful discriminatory practices.

“In New York, any individual with a disability who believes they have been discriminated against in the workplace or anywhere else are entitled to file a complaint with the Division of Human Rights,” commented a spokesperson from Faruqi & Faruqi, LLP, which in addition to the firm’s New York headquarters maintains offices in maintains offices in Pennsylvania, California, Delaware and Georgia. “Once a complaint is lodged, the Division of Human Rights will examine the matter, and as part of their investigation may launch a public hearing. Aggrieved individuals are also perfectly within their rights to seek legal counsel to fully understand their legal entitlements and specific options.”
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