Evolving in Profession Despite Afflictions

Not everyone leads a conventional life. Everywhere we go, we encounter individuals who face disabilities as part of their daily lives, particularly in terms of work and job seeking.

People with disabilities are those who have some form of physical or mental impairment that significantly limits their ability to perform one or more major life activities. In addition to being recognized as having such a disability, they also have a record of such impairment.

Eliminating discrimination should help them enhance their careers.

What You Should Understand About Advancing Your Career Despite Your Disabilities

Disabilities and Employment

Under Title I of the Americans with Disabilities Act of 1990, private employers, state and local governments, employment agencies, and labor unions are prohibited from discriminating against qualified individuals or employees with disabilities.
This prohibition covers areas such as the following:

• Application and hiring process
• Job training process
• Termination or dismissal
• Promotion or advancement
• Compensation and benefits
• Terms and conditions of employment

According to the fact sheet published by the U.S. Equal Employment Opportunity Commission, in terms of resumes and jobs, any individual with disabilities can perform the essential functions required for the job position.
It is deemed unlawful if an employer punishes or retaliates against anyone who opposes policies that discriminate based on disabilities, or chooses to complain, file charges, and participate in any investigation or lawsuit related to discrimination.

Providing Reasonable Accommodation

Reasonable accommodation must be provided to employees with disabilities. Employers can, however, offer “reasonable accommodation” if granting such accommodation does not result in “undue hardship” on their business operations to allow employees to enjoy equal employment opportunities.
The law does not compel employers to lower quality or production standards or to provide personal items such as eyeglasses or hearing aids when making such accommodation. In fact, such accommodation is to be provided upon request.

Undue hardship, on the other hand, refers to “an action requiring significant difficulty or expense when considered due to factors such as an employer’s size, financial resources, and the nature and structure of the operation.”

If a request for accommodation is made, the employer may:

• Understand how the condition is affecting the employee’s performance
• Discuss ways to resolve the issue and address the employee’s needs
• Determine the appropriate type of accommodation

Such accommodations may include, but are not limited to:

• Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;
• Job restructuring, modifying schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

Insurance

Title I of the Americans with Disabilities Act of 1990 also covers the following:

Medical Examinations and Inquiries

• Medical examinations of employees should be job-related and consistent with business needs. Medical information and records of individual employees should be kept confidential.

• Employers are also restricted from asking job applicants about the existence, nature, or severity of their disabilities. Applicants may be asked about their ability to perform specific job functions.

Substance Abuse and Alcoholism

• Tests for illegal drugs are not subject to the law’s restrictions on medical examinations. This means that employers may hold alcoholics and illegal drug users to the same performance standards as other employees in the workplace.

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