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ADA: Protecting Applicants from Disability Discrimination

By Edited May 8, 2015 0 1

You are allowed to apply for a job though you are suffering from a disability. If an employer refuses to hire you because of your medical condition, you can take legal action with the help of a discrimination attorney in Los Angeles.

Your attorney will first determine if the employer is subjected to ADA's rules. ADA covers private employers who have at least 15 employees, including both local and state governments, employment agencies, and labor organizations.

Although you are covered by ADA, an employer may still reject your application if you do not meet the company's requirements or if you are not suitable for the vacant position. In order to know if you are eligible for the job, you should first look at these two factors:

  • Job duties- Before you can sue the employer for disability discrimination; you should first make sure that you are able to do the necessary duties required by the job. You can accomplish this goal by looking at the job description or asking the employer what are his expectations from you if ever he decides to hire you.

After finding out what are the different tasks that the job requires, you should look at your condition and seek if you are capable of doing them. Remember, ADA only protects disabled applicants who can perform the necessary functions of the job with or without reasonable accommodation on the part of the employer.

Here are some examples of reasonable accommodation:

  • Buying or modifying different devices
  • Providing skilled interpreters so that the employer can easily communicate with disabled applicants
  • Making company facilities available to all employees easily accessible to disabled applicants
  • Experience and education requirements- The employer is prohibited from using your condition as a basis when deciding if you will be hired, but he is still allowed to maintain his hiring requirements. This means you should be able to pass the job's education and skills requirements, just like other applicants.

However, you may not be required to meet the company's requirements f they are discriminatory in nature. For example, you may refuse to take a certain test if it was being given in order to exclude all disabled applicants.

If you are capable of doing the imposed job duties and you passed the company's criteria, then you are protected by ADA. A skilled employment attorney in Los Angeles will help you fight for your rights and hold the employer liable in a disability discrimination case if your application was unjustly rejected because of your disease or injury.



Sep 4, 2011 11:35am
With my current employer (a mental health advocacy group) it has not been a big deal, and I’ve felt comfortable talking to people here about my mood disorder. But with other jobs that I’ve had, I have been hesitant and afraid of discussing it. I don’t want to be treated differently than any other person,

I think if it was a position where I felt I was going to stay there and I felt comfortable with my co-workers, I would reveal it-but not at the job interview.

And even though I have told people here, I haven’t told everyone. It’s personal, and I want to feel comfortable with the person before we talk about it.

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