Under the Americans With Disabilities Act (ADA) and the California
Fair Employment and Housing Act (FEHA) it is unlawful for employers to
discriminate on the basis of a disability. This includes hiring,
advancement, compensation, job training, or discharge of employees
because of their disability, unless the disability is essential to the
job. For example, a blind person would not be qualified to park cars.
Definition. Common examples of disabilities include
confinement to a wheelchair, blindness, deafness, or a learning
disability. The definition of "disability" specifically excludes
limitations on major life activities caused by the employee's use of
illegal drugs. In determining whether an employee is disabled, the
employer should consider whether the use of corrective devices reduces
or eliminates the limits on the employee's activities caused by the
disability. An example of a corrective device which eliminates the
disability is an employee who is hard of hearing but who has normal
hearing when wearing a hearing aid; this employee is not considered
disabled under the ADA.
Reasonable Accommodation. Assuming an employee is disabled
under the ADA, employers must make reasonable accommodations for the
employee's disability. Such accommodations often consist of physical
changes to the workplace to aid the disabled employee, such as
installing ramps for an employee in a wheelchair. Other accommodations
may include restructuring the job or its duties to allow the disabled
employee to perform the work, such as modifying the work schedule to
accommodate the disability or providing the employee with a qualified
reader or interpreter. Generally speaking, a reasonable accommodation
allows disabled employees to perform their jobs in the same manner as a
nondisabled employees.
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