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How the ADA Protects Employees

Under the Americans Disability Act, you are protected from any discrimination regarding a disability.

Employers Governed by the ADA
  • private employers

  • state and local governments

  • employment agencies

  • labor organizations

  • labor-management committees

All these types of organizations must follow the guidelines set up by the ADA.


What Qualifies as a Disability?

The ADA recognizes many disabilities and states that the individual must be limited in a major life activity, but gives a list of examples.

  • Autism

  • Cancer

  • Diabetes

  • PTSD

  • Epilepsy

  • Major Depressive Disorder

  • Traumatic Brain Injury

  • Deafness

  • Blindness

  • Mobility Disabilities

Employment Practices Governed

Any part of employment is covered by the ADA for someone with a disability, such as recruitment, hiring, promotions, and benefits. It also protects family members, friends, or anyone associated with someone with a disability.


Who is Protected by the ADA?

To be protected by the ADA, a person with a disability must be qualified for the position; education, licenses, experience, etc; and be able to do the job with or without reasonable accommodations.

For a person to be protected by the ADA, they must have a previously recorded disability that limits a major life activity.


Essential Functions

Essential functions are functions of a job that are necessary to be completed by the employee with or without reasonable accommodations. To determine if something is an essential function you must consider the factors below:

  • the position exists to complete this function

  • how many employees can complete this function

  • the degree of expertise needed to complete this function

Medical Examinations

It is unlawful under the ADA to ask an applicant if they are disabled and about the severity of the disability in question or to require a medical exam before making a job offer.


What am I entitled to as a Deaf individual?

You have the right to telecommunication phone calls as well as Closed Captioning on any federal public announcements.

You deserve to have any reasonable accommodations to perform a job. This could include an interpreter, captions, or telecommunications to foster communications in your position. You should not struggle to complete tasks in your job due to your deaf-ness.


Sources

Chair of the U.S. Equal Employment Opportunity Commission. “The Ada: Your

Responsibilities as an Employer.” US EEOC, https://www.eeoc.gov/laws/guidance/ada-

your-responsibilities-employer.

“Introduction to the Americans with Disabilities Act.” ADA.gov, 17 Feb. 2023,

https://www.ada.gov/topics/intro-to-ada/.

“What Is the Americans with Disabilities Act (ADA)?” ADA National Network, June 2023,

adata.org/learn-about-ada.





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