According to the U.S. Equal Employment Opportunity Commission (EEOC), the law prohibits discrimination in any aspect of employment. When an employer treats a qualified individual unfavorably simply because he or she suffers from a disability, this is an example of disability discrimination. Unless providing reasonable accommodation to such an employee causes undue hardship for an employer, the disabled employee must be accommodated.
Not all individuals who have a medical condition are protected by the law. A person must by qualified for the job and have a disability as defined by law. A person may prove this in one of the following ways:
During the application phase, employers are not allowed to ask applicants medical questions, request medical exams, or disclose disabilities. Employers may ask potential employees if they can perform the job and how they would perform it.
Once a job offer has been made, the law permits employers to condition the offer of employment on answers to certain medical questions and a medical exam. However, this is contingent on all new employees receiving the same treatment.
After an employee is hired and begins to work for an employer, medical questions may only be asked if an employee makes a request for accommodation or if the employer believes that the employee is unable to perform the job successfully or safely due to his or her disability.
White, Nisar & Hilferty, LLP. and our team of New York employment law attorneys can provide professional guidance backed by unrivaled understanding of employment law and business litigation for your discrimination claim. If you believe you have been discriminated against due to a disability, contact our firm today to acquire a clear understanding of your rights and options.
Schedule a consultation with us today at (800) 496-3076.