ADA New York
Posted by Diane
The Americans with Disabilities Act is a federal Act that applies to employers and employees in states across the country, including many in the state of New York. When an employer and an employee re covered by the Act, the employer is prohibited from discriminating against the employee for reasons that are based on his or her disability.
Many employees are covered by the Act. However, in order to ensure coverage, the employee needs to work for an employer that is covered or be applying for a job with a covered employer. Covered employers are those that have at least 15 employees that work for a calendar year for the company.
When it comes to ensuring coverage, the ADA covers a variety of types of disabilities, including both mental and physical disabilities. An example of a physical disability that might be covered is a missing limb or a visual impairment. A mental disability that could be covered might include depression or an anxiety issue.
Employers are required to make reasonable accommodations for those employees that have qualifying medical conditions. For example, if an employee has an addiction that requires treatment, the employer might have to work with the employee to arrange a treatment schedule. If an employee is in a wheelchair and requires a lower desk, the employer might have to provide the employee with a lower desk to accommodate the wheelchair.
Employers should not take a disability into consideration during any employment-related process, including hiring, promotion, training, compensation, or termination. Thus, the employer also should not take the additional cost of an accommodation into account when making an employment related decision either.
The Act only applies to current employees of a covered company and job applicants of a covered company. Also, employees are only protected from discrimination that is based directly on the disability and not from any other type of discrimination, such as discrimination that is based on age or race. The Act does not apply to customers or clients of the employer. CB
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