Laws Protect Against Disability Discrimination
A person has a disability under federal nondiscrimination laws if they have a physical or mental impairment that substantially limits one or more major life activities. This includes many common illnesses, such as arthritis, heart disease, cancer, multiple sclerosis, autism, epilepsy, Alzheimer’s or other debilitating conditions like depression or anxiety. It also covers illnesses that are episodic, such as rheumatoid arthritis, which can have substantial adverse effects for a few weeks followed by a period of remission.
These disabilities can cause a wide range of symptoms and impacts, some of which are visible to others. They can cause problems in all areas of life, including at work. Our lawyers can help if you have been affected by disability discrimination.
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in the workplace. This includes direct discrimination, such as being refused a job because of your disability. It also includes indirect discrimination, such as being excluded from group activities because of your disability, or being harassed or treated badly at work because of your association with someone who has a disability.
What Laws Protect Against Disability Discrimination?
In addition to the ADA, there are several state laws that protect people from discrimination on the basis of their disability. These include laws prohibiting disability discrimination in public accommodation and requirements for accessibility standards in public transportation systems.
State and local laws may cover the same topics as the ADA, but with more specific provisions or requirements. It’s important for an employer to review these laws carefully and ensure that workplace policies and employment decisions comply with all of them. In general, state law supersedes federal law in cases of conflict, although there are exceptions.
Some states have additional requirements about the definition of disability law and what accommodations an employer must provide to employees with disabilities. For example, some states require that employers provide accommodations to ensure that an employee can perform the essential functions of the job. Other states require that employers have a reasonable accommodation process, where the employer interacts with the employee and looks at what changes could be made to help them do their job.
There are also some restrictions about the use of certain terms to describe a disability, for example, calling someone “disabled” or saying that they have a “mental health condition.” These restrictions are usually included in other anti-discrimination laws.
In the UK, the Equality Act 2010 sets out what is classed as a disability and protects against discrimination if your condition has a significant impact on your ability to do normal daily activities. For more information on this, see our page on disability and the Equality Act 2010. It’s also worth noting that you do not have to tell your employer about your illness or how it affects you, and you are protected if they would know about it anyway. This is because the Equality Act includes a group of conditions that automatically make you classed as disabled, including depression, anxiety, some mental health conditions and long-term chronic pain syndromes.