The Federal government has already put laws in place that strictly prohibit employers from discriminating against workers. The Civil Rights Act of 1964 has a special provision (Title VII) that forbids employers from discriminating against employees on the basis of race, age, color, gender, and nation of origin.
The American Disabilities Act (ADA) was created in 1990 by the United States Department of Justice to protect people with disabilities and people assumed to have disabilities. The Equal Opportunity Commission works to enforce the ADA.
The ADA extends to the application and hiring process. Employers cannot ask employees if they have a disability that will prevent them from performing job functions.
They are also not allowed to ask interviewees if they have any diseases, have been hospitalized, or have ever filed for Workers’ Compensation in the past. The ADA website has a list of questions that employers are not allowed to ask future employees. Refer to this list and contact a Bucks County employment lawyer if the interviewer has asked any inappropriate questions.
The ADA also protects employees with a history of disabilities. Employment agencies, labor unions, and private and public employers are all subject to these regulations. The ADA regulations are in effect regarding leave, benefits, promotions, layoffs, and firings.
The ADA Amendments Act took effect on October 11, 2016. The Act amended Title II and III of the ADA. The Amendment Act was created to broaden the definition of disabilities to protect more citizens.
It is not illegal for an employer to fire or lay off a worker with a disability, but it is illegal for employers to fire workers due to their disabilities. It is also illegal for employers to deny disabled workers promotions, employment benefits, proper compensation, training, and testing.
As stated before, employers are not allowed to ask intimate questions regarding a worker’s health history. Once the worker is hired, it is illegal to ask them questions regarding any disabilities, medical examinations, and so forth.
What to do if Your Employer Asks About Your Health History
If your employer inquired intimately about your health or disability prior to a layoff or firing, they have violated the ADA. ADA language is vague due to the extensive nature of disabilities. Workers can suffer from mental, physical, or emotional disabilities. Health conditions can also change over time.
Patients diagnosed with chronic diseases can become sicker or healthier as time goes on. Although employers have a right to know the capabilities of their workers, they cannot deny workers’ rights or privileges due to their condition.
Upper management as well as hiring managers and supervisors should all be mindful of these regulations. Any discussion of an employee’s health condition with other employees is also a violation of the ADA.
Wrongful termination due to a disability is a serious violation of your civil rights as a worker. Bucks County wrongful termination lawyers are available to help you understand the ADA and your rights.
Delaware County Wrongful Termination Lawyers at Sidney L. Gold and Associates P.C. Advocate for Victims of Disability Discrimination
The Delaware County wrongful termination lawyers at Sidney L. Gold & Associates, P.C. can help victims facing disability discrimination. Call us today at 215-569-1999 for a free consultation or contact us online.