The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities, including in employment. This act makes it unlawful for an employer to treat a job applicant or employee unfavorably based on their disability status.
But who is protected by the ADA?
How does the ADA define disability?
Under the ADA, a disability is a physical or mental impairment that substantially limits a major life activity. You must have a substantial impairment to be protected, not a minor one. This includes an impairment that significantly limits or restricts hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for yourself, learning or working.
The ADA also protects individuals with a history of a disability, even if they have recovered. So, if your records show a past substantial impairment, you can take action against an employer who discriminates against you based on the past disability.
Moreover, if an employer believes you have a disability, even if you don’t, the ADA protects you. For instance, when an employer treats you unfavorably based on a perception/belief that you have a disability. This is called “regarded as” discrimination.
Qualified to perform essential job duties
In addition to meeting the ADA’s definition of a disability, you must also be qualified to perform the essential duties of the job in question, with or without reasonable accommodation, to be protected. Thus, you must have met the employer’s requirements for the job and be able to perform the job’s essential functions, either with or without reasonable accommodation.
Employers are required to provide reasonable accommodation to allow a qualified applicant or an employee with a disability to participate in the application process or perform the essential functions of a job.
The ADA protects many individuals with disabilities. Get more information about whether you are protected and what to do when you experience workplace discrimination.