Discrimination at Work
People with disabilities, including older people with many of the health problems that come with getting older, are protected by the Americans with Disabilities Act – also called the ADA.
Discrimination at Work FAQ
The ADA protects against disability discrimination in many areas of life, including employment. The same rights are provided by the Illinois Human Rights Act (IHRA).
How do I know if I am covered by the ADA?
To be covered by the ADA, you must fit into one of these three areas:
- A person with a physical or mental impairment that limits one or more major life activity. For example, a person who uses a wheelchair is really limited in the major life activity of walking, or a person who is Deaf is limited in the major life activity of hearing.
- A person with a record of a physical or mental disability. For example, if someone had cancer in the past but is now cancer-free, an employer can’t refuse to hire them because of their past cancer.
- A person who is regarded as having a disability. There are three ways this area could fit you:
- Your boss thinks you have a disability that limits you. For example, an employee on medication for high blood pressure who is incorrectly moved to less stressful work because the boss thinks that the employee might have a heart attack.
- Other people think you have a disability that limits you. For example, an employee has a condition that causes involuntary jerking of the head sometimes but does not limit a major life activity. A boss will violate the ADA if thhey treat the worker differently based on the fear that co-workers or other people will think that it is very limiting.
- You have no disability at all but your boss thinks you do. For example, your boss violates the ADA if they fire you because they believe a rumor that you are HIV-positive.
What employers are covered by the ADA?
- Private employers
- State and local government
- Employment agencies
- Labor unions
What employers are not covered by the ADA?
- Employers with fewer than 15 workers (but the IHRA covers smaller employers)
- The U.S. government (they follow disability laws in the Rehabilitation Act of 1973)
- Private clubs
- Indian tribal nations
- In some instances, religious organizations
What parts of employment does the ADA cover?
The ADA covers all parts of employment, including applications, interviews, hiring, training, promotions, salary, firing, benefits, and privileges.
What does it mean to be “Qualified” for a job under the ADA?
To be covered by the ADA, you must not only have a disability. You must also be able to do the work needed for the specific job with or without a reasonable accommodation. But an employer can refuse to hire or retain you if you do not have the skills, experience, or education needed to do the job. They are also allowed to hire the person who is the best candidate for the job, whether that person has a disability or not.
What is a reasonable accommodation?
A reasonable accommodation is any change in the workplace or rules that lets you, as a person with a disability, have equal employment opportunities.
Reasonable accommodations fall within three areas:
- Changes to the application or interview process.
- Changes that help you do your job (or the “essential functions” of your job).
- Changes that help you access the benefits and privileges of employment.
How do I get a reasonable accommodation?
Employers must give you a reasonable accommodation if you need it. You should start by asking for an accommodation from your employer. It is best to do this in writing. You should ask for an accommodation as soon as you know that you need one. You may ask your supervisor or your employer’s human resources office for help with this. It is best to ask before as soon as you think you may need an accommodation. If you do not ask for the accommodation until after your boss fires you or moves you to a different job, you may not be able to get the accommodation.
Does my employer have to give me exactly the accommodation I ask for?
No. Employers only have to give you an accommodation that works for you. They must give you an accommodation that lets you do your job. They do not have to give you exactly what you ask for. Employers should talk with employees when trying to decide what accommodation to give. Employers also do not have to give you an accommodation that is too difficult or too expensive. Employers can also say no to accommodations if the person with a disability would be a threat to the safety of themselves or others.
Can I use my accommodation outside of work?
Employers only have to give you what you need to do your job. They do not have to give you things for your life outside of work like a wheelchair or guide dog. However, an employer may have to accommodate a work schedule if you need it for commuting back and forth to work at certain times of the day.
Can my employer ask for my medical records?
If you ask for an accommodation under the ADA, your employer can ask for reasonable documentation about your disability and the need for an accommodation. The ADA says that your employer cannot tell anyone else about your disability. It must be kept secret. Only you are allowed to tell other people about your disability and need for an accommodation.
Can an employer ask about my disability before I am hired?
No. Employers cannot ask about your disability before you are hired. They can only ask questions about your ability to do essential job functions. They also cannot ask any questions about your medical history or ask for a medical exam.
Examples of pre-employment questions that are prohibited:
- Do you have a disability?
- What prescription drugs are you taking?
- Have you ever been treated for mental health problems?
Examples of pre-employment questions that are allowed:
- Can you do this job with or without a reasonable accommodation?
- Can you meet the attendance requirements of the job?
- Do you have the required license to do this job?
Can an employer ask about my medical history after they offer me a job?
Before you start work, an employer can ask medical questions related to your disability. But they cannot refuse to hire you because of your disability based on the answers unless the reason is job-related and necessary for the job. Everyone who applies for the same type of job must be asked the same questions even if they do not have a disability.
After you start working, your employer can only ask you to take medical tests if it is important to do so because of the job.
What can I do if I am discriminated against at work because of my disability?
You can contact the Equal Employment Opportunity Commission (EEOC). You must do this within 300 days of the time you were discriminated against. You may also file a complaint with the Illinois Department of Human Rights within two years of the discrimination.