Monday, February 4, 2013

Your Legal Rights

DEFINITIONS OF TERMS REGARDING YOUR LEGAL RIGHTS

THE AMERICANS WITH DISABILITIES ACT (ADA)
A civil rights law to protect the rights of individuals with disabilities. 
This law applies to schools, workplaces and state/local governments.

DISABILITY
A documented physical or mental condition that significantly limits a major life activity.

DISCRIMINATE
To treat someone unfairly because they have a disability.

ACCOMMODATIONS 
Strategies that help you do your job to the best of your ability. 

REASONABLE ACCOMMODATIONS
An accommodation is reasonable if the employer can provide it without significant difficulty or expense.

EQUAL EMPLOYMENT OPPORTUNITY 
Everyone should be treated the same, or equally, during the hiring process and on the job. No one should be treated differently because of their race, gender, religion, native origin, age, or disability.

UNDUE HARDSHIP
Very difficult for the employer to provide reasonable accommodations because it would cause significant financial strain for the company.

RESOURCES FOR INFORMATION ABOUT THE ADA

BEING HIRED FOR A POSITION

An employer must consider you equally as an applicant. 
The employer does not have to hire you just because you have a disability. 
In order to be considered for a job, you must be qualified for the job and have the required education, training, experience and skills. 

  • If you have a disability, you must be able to complete the major duties of the job with or without reasonable accommodations. 
  • If your disability prevents you from doing minor parts of the job description, then the employer must still consider you for the position. 
  • If your disability prevents you from doing the major duties of the job then the employer does not have to consider you for the position.  


EXAMPLES OF DISCRIMINATION
  • Being asked if you have a disability during the hiring process
  • Not being hired because you have a disability
  • Refusing to provide a reasonable accommodation
  • Not being paid equally to others who are in equal in your position and have equal experience
  • Being harassed because of your disability


If you think you are being discriminated against, talk to someone you trust who does not work with you that can provide good advice.
  • Get an advocate
  • Go to the Human Resources Department and request a meeting
  • File a charge of discrimination

   

1) Download the document Your Legal Rights to your Job Skills folder under Other Job Topics.

2) Complete the list of Reasonable Accommodations by placing the specific examples next to the correct type of accommodation.



   RESOURCES
   www.do2learn.com


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