While workplace discrimination has largely subsided over the past couple of decades, discrimination on the basis of race, gender, disability status, nationality, orientation, etc. still unfortunately exists. Having a major disability can substantially impact multiple areas of a person’s life, including their career. The Americans with Disabilities Act (ADA) of 1990 prohibits employers from discriminating against their employees for their disability status. American employers are also required to accommodate their disabled workers to the best of their ability. Are you an employee with a disability? If so, you might be wondering about which disabilities are covered by ADA discrimination laws. No need to worry because our knowledgeable law firm has all the answers you’ll need! To learn more about the ADA, continue reading this blog or reach out to an Atlanta Disability Discrimination Attorney for individualized legal counseling.
WHAT TYPES OF DISABILITIES DO ADA DISCRIMINATION LAWS PROTECT?
In order for a disability to be protected by ADA’s discrimination laws, you must meet the following requirements:
- You have a mental or physical impairment that substantially impacts at least one major area activity (such as walking or talking)
- You have a record/history of the impairment OR your employer regards you as having this impairment
If you fit these standards, your employer cannot discriminate against you for your abilities, and they cannot retaliate if you speak out against any discrimination.
WHAT ARE SOME EXAMPLES OF PROTECTED DISABILITIES?
There is no exclusive list that details every single disability that could be protected by discrimination laws. However, some of the most common disabilities protected in the workplace include:
- Deafness or hearing loss
- Mobility impairments
- Cancer
- Diabetes
- Cerebral palsy
- Major depressive disorder
- Epilepsy
- Missing limbs
- Autism
- Multiple sclerosis
- Blindness or visual impairments
- Intellectual disabilities
- Obsessive-compulsive disorder
- Schizophrenia
- Bipolar disorder
- Post-traumatic stress disorder
- HIV infection
- Muscular dystrophy
- Traumatic brain injury (TBI)
- Heart disease
- Orthopedic and speech impairments
- Some learning disabilities
WHAT ARE REASONABLE ACCOMMODATIONS?
If your disability is covered by ADA’s protections, your employer will be required to provide reasonable accommodations to ensure you’re able to succeed at your job. For example, if you use a wheelchair, your employer will need to provide the workplace with ramps, accessible bathrooms, and other appropriate adjustments for you. The only exception to this law is undue hardship. This basically means that an employer won’t be required to provide an accommodation if including it will hurt their business.
If you think you’ve recently faced disability discrimination at your workplace, you deserve a dedicated and trustworthy attorney to help you to determine your best legal options moving forward. Thankfully, Ben Barrett Law is here every step of the way! Contact our highly experienced team today for an initial consultation.