For an overview of federal and state employment rights, see our article on the MHRA.
Americans with Disabilities Act
The Americans with Disabilities Act, also known as the ADA, prevents qualified individuals with disabilities from being denied work or discriminated against in the workplace for reasons solely based on their disability status. You may have heard of the term “ADA Accessibility,” commonly associated with the construction standards that must be met for those with disabilities to be able to access public spaces. While this is a significant aspect of the act, Title I of the ADA is what protects disabled employees from discrimination.
Title I applies to individuals with disabilities as they seek employment and after being hired.
- A qualified individual cannot be denied a position simply because of their disability status.
- An employer has an obligation to implement reasonable accommodations (see our article for more information) that allow qualified individuals with disability status to work effectively.
- An employer cannot fire, discipline, harass, or discriminate against an employee due to their disability status.
Employer Obligations
Employers have certain obligations toward their employees under the ADA.
FMLA: Employees who have worked with an employer for at least one year can take up to 12 work weeks of unpaid time off under the Family Medical Leave Act. This can be taken for a variety of reasons, including childbirth, medical issues preventing the employee from working, and taking care of a family member with medical needs. All eligible employees are entitled to FMLA time.
Reasonable Accommodation: When employees are able and qualified to work but require an accommodation that does not put an undue burden on the employer, the employer may be obligated to enforce this accommodation. This should be a collaborative process between the employee and the employer. You may also visit the ADA National Network website for more information.
Discrimination by Association
The Americans with Disabilities Act protects employees that have medical-related needs that make it difficult or impossible to hold their positions without accommodation.
However, another aspect of the ADA is that it protects from discrimination based on a person’s association with a disabled individual. For example, if your husband is diagnosed with cancer and your boss terminates your employment in anticipation of the time you may need to take off, this is not permitted under the ADA, as your termination was solely based on your husband’s disability status.
See this article from Forbes for more information and examples.