Discrimination
One of the most insidious forms of discrimination is disability discrimination. Congress recognizes that physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination. The most recent attempt to remedy this issue is the Americans With Disabilities Amendment Act of 2008 ("ADAA"). The ADAA significantly broadens the scope of Act's protections by legislating over many of the limiting interpretations which the U.S. Supreme Court has handed down over the years since its original enactment in 1990.
The Americans with Disabilities of 1990 protects the rights of workers to be free from workplace discrimination in the United States. However, Illinois workers have additional protection under the Illinois Human Rights Act. For example, the Americans with Disabilities Act only applies to employers with 15 or more employees after July 26, 1994. But the Illinois Human Rights Act covers alleged discrimination based on physical, mental or perceived handicap by any Illinois employers with one or more employees.
Under the Act, no covered entity shall discriminate against a qualified individual with a disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, or other terms, conditions, and privileges of employment.
A "qualified individual with a disability" means an individual with a disability who, with or without a reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
The term "reasonable accommodation" may include:
In addition to protecting individual rights to the extent he or she is disabled, the statute also protects workers without disabilities. This most often occurs when an employer requires medical tests from employees which are unacceptable under the law. However, the issue of improper medical tests is far too complex a topic to broach for the purposes of this writing, and one would be ill advised to do anything other than to comply with their employer until they have hired a competent attorney when dealing with what is perceived as illegal medical testing.
Ryan Scott Nalley is experienced in successfully handling discrimination cases based on disability against both employers and educational institutions. If you feel you have been discriminated against due to your disability, or denied a reasonable accommodation, call the Law Office of Ryan Scott Nalley for a free telephone consultation today.