What is disability discrimination?
The Americans with Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA) prohibit employers from discriminating against qualified individuals on the basis of disability in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment.
Do I have a disability?
Under the ADA, an “individual with a disability” is a person who:
- has a physical or mental impairment that substantially limits one or more major life activities;
- has a record of such an impairment; or
- is regarded as having such an impairment.
Under the MHRA, a “disabled person” is any person who:
- has a physical, sensory, or mental impairment which materially limits one or more major life activities;
- has a record of such an impairment; or
- is regarded as having such an impairment.
What does it mean to be a “qualified individual with a disability” or a “qualified disabled person?”
Under the ADA and MHRA, the terms “qualified individual” and “qualified disabled person” mean a disabled person who, with or without reasonable accommodation, can perform the essential functions of the position that the individual holds or seeks.
Generally, “essential functions” are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. Factors that are considering in determining whether a job function is essential include:
- the employer’s judgment as to which functions are essential;
- written job descriptions prepared before advertising or interviewing applicants for the job;
- the amount of time spent on the job performing the function;
- the consequences of not requiring the incumbent to perform the function; and
- the current work experience of incumbents in similar jobs.
Kammueller v. Loomis, Fargo & Co., 383 F.3d 779, 786 (8th Cir. 2004).
Can an employer ask about my disability on a job application or during an interview?
No, employers are prohibited from asking disability-related questions or requiring a medical examination before making a job offer. However, employers may ask disability-related questions and require a medical examination after extending a job offer as long as it asks the same questions and requires the same medical examinations of other applicants offered the same type of job.
What is a reasonable accommodation?
A reasonable accommodation is any modification or change to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities
The ADA recognizes five broad types of reasonable accommodations:
- Making changes to existing facilities;
- Providing assistive devices or personnel;
- Job restructuring and modified work schedules;
- Reassignment to a vacant position; and
- Leaves of absence.
How do I get an accommodation?
If you are a qualified applicant or employee with a disability, you must request an adjustment or change in the job application process or at work for a reason related to a medical condition. A request for a reasonable accommodation is the first step in the interactive process between the employee or applicant and the employer.
Does my employer have to provide me with a reasonable accommodation?
Yes, a qualified applicant or employee with a disability is entitled to a reasonable accommodation. However, an employer is not required to make accommodation that would impose an “undue hardship,” lower quality or quantity standards, remove essential job duties, or compromise safety.
Can my employer ask me to provide medical documentation after I request an accommodation?
Yes, an employer may require that the employee provide medical documentation to confirm the employee’s specific limitations and need for accommodation.
If you think you have been a victim of disability discrimination in workplace, contact an employment attorney at Schaffer Halleen, LLC.
