Disability Discrimination Law Overview

The Americans with Disabilities Act (ADA) makes it illegal for employers to discriminate against employees or potential employees on the basis of their disabilities. The ADA covers employers with 15 or more employees, including state and local governments and labor organizations. Federal government employees are protected against discrimination under the Rehabilitation Act of 1973 (the Rehabilitation Act). After Congress passed the ADA, the Rehabilitation Act was amended to provide the same protections.

Prohibited discrimination
The ADA and the Rehabilitation Act make it unlawful to discriminate in all employment practices including:

• recruitment,
• hiring,
• training,
• job assignments,
• promotions,
• pay,
• benefits,
• firing,
• lay off,
• leave, and
• all other employment-related activities.

The Act also protects you if you are a victim of discrimination because of your family, business, social or other relationship, or association with an individual with a disability.

You must be qualified to perform the job's essential functions
The ADA only protects "qualified" individuals with disabilities. To be entitled to ADA protection, in addition to meeting the ADA's definition of disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation. To be "qualified," you must meet both of the following criteria:

• You must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses; and
• You must be able to perform the essential functions of the job with or without reasonable accommodation.

Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.