It is illegal for an employer to treat an employee differently because that individual is "disabled". If your employer has taken an adverse employment action against you because of your sex, your employer has violated the law. If your employer has 8 or more employees you are protected by state law. If your employer has 15 or more employees, you are protected by both state and federal laws.
Who is protected?
Unlike some other areas of the law, who is protected by this law is not necessarily obvious. Initially, you must be "disabled". An individual with a disability is a person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded by the employer as having such an impairment.
Further, you must be "qualified". A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job. Unlike other areas of the law, disability laws require an employer to make a reasonable accommodation to the known disability of an employee if such accommodation would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
What is a reasonable accommodation?
Reasonable accommodations may include, making existing facilities used by employees readily accessible to and usable by persons with disabilities, job restructuring, modifying work 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.
It is unlawful for an employer to discriminate against any employee or applicant for employment because of his or her disability. This prohibition applies to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. The law also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of that person's disability.
Additionally, the Americans with Disabilities Act prohibits pre-employment medical examinations or inquiries.
