Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, employees with disabilities have key rights and protections in the workplace. Here’s an overview of those rights:
1. Protection from Discrimination
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- Employers cannot discriminate against qualified individuals with disabilities in hiring, promotion, firing, compensation, or any other aspect of employment.
2. Right to Reasonable Accommodations
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- Employees with disabilities have the right to request reasonable accommodations that enable them to perform essential job functions.
- Examples include:
- Modified work schedules
- Assistive technology
- Remote work options
- Accessible workspaces
- Employers must provide accommodations unless they cause an undue hardship (significant difficulty or expense).
3. Right to Confidentiality
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- Employers must keep medical information confidential and separate from general personnel files.
- Information can only be shared with supervisors or safety personnel on a need-to-know basis.
4. Protection from Retaliation
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- Employers cannot retaliate against employees for requesting accommodations, filing a complaint, or exercising their rights under the ADA or Section 504.
5. Coverage Under Section 504
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- If you work for a federally funded employer, Section 504 provides similar protections as the ADA.
- It applies to federal agencies, public schools, universities, and organizations receiving federal grants.