If you are a disabled individual, you have probably heard of the Americans with Disabilities Act. You may even be somewhat familiar with the protections it offers to disabled individuals in America, including the ways in which it helps disabled workers find employment by making it illegal for employers to discriminate in their hiring processes based on disabilities. However, there is much more to the ADA than phrases like reasonable accommodation.
More than ensuring disabled workers a fair shot at employment and requiring employers to make reasonable accommodations, the ADA also provides protections against employers invading your privacy and investigating the nature of your disability. Thanks to the ADA, it is illegal for employers to inquire about your disability. The only question employers can ask regarding your disability is whether or not it will affect your ability to perform the functions of the job, and if so, what accommodations would you need in order to be able to perform said functions.
Additionally, you cannot be treated differently when it comes to medical examinations based on your disability. What this means is that you are not required to have a medical evaluation unless every other employee is also required to take the same examination. Even if you are required to be evaluated, unless the evaluation reveals something that would prevent you from performing the functions of your job with reasonable accommodation, employers are not legally allowed to pass over you based on this information.
Many people view the ADA as a law that gives disabled Americans the chance to work, but it is truly so much more. It also protects these disabled workers from facing harassment, discrimination or mistreatment. Combined with California state laws, there is very little that a disabled worker cannot accomplish in the workforce if he or she truly wants to. If you believe that your rights have been violated due to a disability, do not hesitate to contact an attorney.