Discrimination Is A Big “No No” Under the Americans with Disabilities Act (ADA)

Recent stories have surfaced in the news regarding the Americans with Disabilities Act (ADA). Apparently, a few employers are facing possible legal challenges due to discrimination against disabled workers.

The Equal Opportunity Commission (EEOC) enforces the ADA. The ADA says that employers, including state and local governments, are not permitted to discriminate against disabled individuals. The law covers all aspects of employment including; the application process, hiring, training, compensation and promotion. It also prohibits the use of questions about someone’s disability before a job offer is made. Further, the ADA prohibits retaliation, harassment, or coercion against individuals who exercise their rights or assist others in doing so.

In light of these developments, employers may want to review their company policies on nondiscrimination. It’s a good idea to review all personnel policies, manuals and handbooks to remove any negative references towards physically or mentally handicapped job applicants and employees. Prepare job descriptions for all positions and make sure the employment application complies with the ADA. Educate hiring personnel so they are familiar with job interview dos and don’ts.

Keep in mind, most companies with 15 or more employees must comply with the ADA. As always, be sure to check with your legal counsel to help ensure compliance with the laws.

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