The US Department of Labor strives hard to ensure employee equality and fairness at work. One federal law that aims at the same goal is the Americans with Disabilities Act (ADA), which protects the rights of disabled people at work and in the society. Under the ADA, employers with 15 or more employees should comply with certain conditions to avoid committing violations.
In order to observe the regulations of the ADA, here are some of the things that employers should do in relation to dealing with disabled employees:
- The hiring process should be fair. There should be a fair chance for all applicants to be hired, whether they are disabled or not. Interviewers should be instructed not to ask any discriminatory questions.
- Important tasks that are related to the job position should be explained clearly to applicants. If the employer already knows that an applicant has a disability, he should explain clearly how tasks should be completed. This way the applicant can determine if he is fit for the position.
- Employers should conduct background checks regarding their applicant's condition or disability. A disabled employee would only be covered by the ADA if his employer knows about his disability. Because if this, the employer has the responsibility to check on the worker's medical history and physical condition.
- Upon employment, reasonable accommodations should be provided to the disabled employee. When a disabled employee is hired in a company, the employer should provide certain tools and equipment to help him work efficiently. He should also provide the employee a flexible working schedule in case he needs to take medication or be hospitalized.
- Create and enforce an anti-discrimination policy against disabled employees. For non-disabled employees, you should create a policy to remind them to treat their disabled colleagues fairly.
These are just some of the things that company owners should do in order to comply with the ADA guidelines. However, there are certain situations where the ADA cannot cover a disabled employee. For instance, if the disabled worker engaged in an illegal activity or has taken illegal drugs, his employer can terminate him. This means both the employer and disabled employee have rights and obligations of their own.
Hiring disabled employees in a company is not a bad thing. In fact, according to one article, disabled workers are seen as determined and hardworking individuals. If you are an employer who wants to know more about other guidelines on ADA compliance, you can seek legal advice from a Los Angeles labor attorney.