Posted by Diane
The Americans with Disabilities Act is a federal Act that applies to many employees in states across the country, including many employees in the state of Alabama. Because it is a federal Act, it is administered by the federal government and applies to all states equally.
The Act is in place in order to ensure that employers do not discriminate against workers that have disabilities. A worker needs to have a qualifying disability in order to receive coverage under the Act. Many types of disabilities will qualify for coverage, including mental and physical disabilities. An example of a mental disability is depression or an addiction. A physical disability could be a missing limb or visual impairment.
In order for an employee to receive coverage, the employee needs to have a record of having a disability. This record can be obtained from a doctor with proof of the impairment.
Employers may not take the disability into account when making any employment related decisions about the employee, such as a decision about hiring, promotion, training, termination, compensation, or otherwise.
Also, employers need to make special arrangements to accommodate some employees with disabilities. For example, if an employee is in a wheel chair and needs a lower desk, the employer should provide the employee with a lower desk without considering the added cost of the lower desk. If an employee needs to take time off of work for treatment for an addiction, the employer needs to work with the employee to accommodate that time.
In the event that an employee believes that he or she has been discriminated against for reasons that are based on the disability, the employer must prove his or her reasoning for an employment-related decision.
Also, the Act only applies to employers that have at least 15 employees working full time. CB
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