Wednesday, March 9, 2011

The Federal Law on Disability

People with disabilities enjoy protection from discrimination at work under the Americans with Disabilities Act. This federal law applies to businesses employing fifteen or more employees for a minimum period of at least 20 weeks.

Under its provisions, employers can not discriminate against a qualified individual with a disability:

/ rent

Ø Application Process

o Promotion

Facts and Services

or discharge and dismissal

or OtherEmployment

Persons with disabilities also have the right of rights, the following:

or medical examinations and inquiries

The employer may not ask applicants about the existence, nature or severity of disability. Duties applicant solely on their ability to perform certain requests.

A job offer will be based on the results of a medical examination, but only if the examination is required for all incoming employeesJobs similar. Medical examinations of employees must be job-related and consistent with business needs of the employer.

or abuse of drugs and alcohol

Employees and applicants currently use illegal drugs not covered by the ADA when an employer acts because such use.

Employers may hold illegal drug users and alcoholics to the same performance standards of other employees.

It 'also unacceptable retaliation against an individual's employment practices to counterthat discrimination based on disability or for filing a charge of discrimination, to testify or to give instructions in any manner in an investigation or prosecution under the ADA.

Legal definition of disability

Walking disability under the ADA applies to persons, including the activities are thought to be a physical or mental impairment that substantially limits major life, speech, vision and learning.

A person with a disability hassome reasonable job accommodation for any employer taxes and compliance. Some of these homes are:

restructuring or work, then disable an employee with a performance of his work

Or extra medical workers has left

or allocation of staff to a free position or the light

or installation of special equipment for disabled workers

Or Change or Change record of the employee working hours

or provide the employee witha qualified interpreter or a reader

o Making existing facilities readily accessible or usable for people with disabilities

To encourage the practice, people with disabilities, the federal government offers tax rebates or tax incentives for employers and employees with disabilities. This phase is also carried out to promote the accessibility of public housing.

Action against discrimination against people with disabilities

If you believe you have been discriminated againstbecause of your disability, your attorney may make a discrimination complaint against the party for the Equal Opportunity Employment Commission.

As required by law, the charge of discrimination within 180 days of alleged discrimination filed. She has only 300 days within which you can base the charge on the state or local law.

To help you pursue your case against an individual or an employer, you must hire the services of an employment attorneyspecializing in disability discrimination cases. His skills and experience can help you win the case against discrimination against people with disabilities in the workplace.

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