Tag Archives: discriminate

Disability Discrimination Facts

Disability Discrimination
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.

Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.

Definition Of Disability
Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law.

A person can show that he or she has a disability in one of three ways:

  • A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
  • A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
  • A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).


Disability Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Disability Discrimination & Harassment
It is illegal to harass an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

Harassment can include, for example, offensive remarks about a person’s disability. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Disability Discrimination & Reasonable Accommodation
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.

A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.

While the federal anti-discrimination laws don’t require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. The Department of Labor enforces the FMLA. For more information, call: 1-866-487-9243.

Disability Discrimination & Reasonable Accommodation & Undue Hardship
An employer doesn’t have to provide an accommodation if doing so would cause undue hardship to the employer.

Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the employer’s size, financial resources, and the needs of the business. An employer may not refuse to provide an accommodation just because it involves some cost. An employer does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which one to provide.

Disability & Medical Exams During Employment Application & Interview Stage
The law places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability.

For example, an employer may not ask a job applicant to answer medical questions or take a medical exam before extending a job offer. An employer also may not ask job applicants if they have a disability (or about the nature of an obvious disability). An employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.

Disability & Medical Exams After A Job Offer For Employment
After a job is offered to an applicant, the law allows an employer to condition the job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same type of job have to answer the questions or take the exam.

Disability & Medical Exams For Persons Who Have Started Working As Employees
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer believes that an employee is not able to perform a job successfully or safely because of a medical condition.

The law also requires that employers keep all medical records and information confidential and in separate medical files.

How Car Insurance Fees Can Be Lowered For Handicapped Drivers

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One common misconception about car insurance is that handicapped drivers pay more for coverage than non-handicapped drivers. This simply is not true. Federal law prevents car insurance companies from discriminating against handicapped drivers due to their disabilities. Many states have additional laws on the books, and even if car insurance companies were allowed to discriminate, they would likely discriminate in favor of handicapped drivers; statistically speaking, they are more careful than non-handicapped drivers and much less likely to be involved in accidents. Nevertheless, handicapped drivers need the lowest possible rates on car insurance just as much as all other drivers, and it is worthwhile to know a few ways that they can cut their car insurance fees.

Handicapped drivers should first look for safety discounts because this is one of the fastest ways to change premium rates without adjusting the coverage levels. Many car insurance companies offer safety discounts for any drivers who have vehicles with special safety features like side airbags and anti-lock brakes. You can find out whether your car insurance company offers these discounts by studying your policy contract or simply by calling your car insurance agent and asking about available options. If your car is already outfitted with safety features, you are wasting money by not asking for discounts, and if your car is not outfitted, you might look into having some low-cost safety measures installed to keep your car insurance fees low. Ask whether modifications that you have made to a car for your handicap qualify for discounts; even something like oversized mirrors can often have a positive effect on premiums. Other discounts will apply to handicapped drivers who take road safety courses, students, and even drivers who have simply kept their insurance coverage up for a specified length of time. The key is to ask-you will often be surprised at how quickly your car insurance fees will drop.

Online car insurance websites can also help handicapped drivers to find lower rates. Reputable websites will not ask about a driver’s handicap or even inquire as to the handicap status of the driver. Instead, car insurance websites will ask questions about your vehicle and driving record to determine how much of an insurance risk that you pose, and this information will be submitted to car insurance companies in order to return a few quotes. These websites make it easy to look at your insurance options, which in turn, can help a driver to find a better policy than what he or she currently has. Always take the time to compare car insurance quotes. Handicapped drivers and all other drivers can benefit from this, as it is the best possible way to keep rates down.