INFO PAGE
Your right to "reasonable accommodation" if you have a disability
The City must give equal employment opportunities to everyone.
If you are qualified for a job, employers are not allowed to discriminate against you because of your disability.
Your rights are protected under law by the Americans with Disabilities Act (ADA) and the Civil Rights Department.
Who does the law protect?
You are covered under the law if you are a job applicant or employee who:
- has a disability
- meets the skill, experience, education level, and other requirements of a role held or sought
- can perform the key functions of the job (with or without reasonable accommodation)
The law in this case considers a person with a disability someone who:
- has a physical or mental impairment that limits a major life activity, or
- has a record of such an impairment, which is known to their employer, or
- Has a disorder or condition their employer knows about that has no current disabled effect, but may become a disability later
Impairments that require special education or related services are also disabilities.
What is considered a "major life activity?"
Seeing, hearing, breathing, walking, speaking, learning, working, caring for oneself, performing manual tasks, lifting, and other physical, mental and social activities are all considered major life activities under the law.
Your rights under the law
As an applicant
Employers have to give you as equal an opportunity for employment as anyone else when you take part in applying for and being considered for a job.
This includes giving you reasonable accommodation for your disability when you need it, to make sure you have the same opportunities in the application and selection process. The only exception would be if it would cause undue hardship or a direct threat to the health and safety of others.
Employers do not have to accommodate you if you are not qualified for the job.
If you have to take a test for the job, it has to be related to the skills and abilities you would need for the work.
Although the law does not let employers discriminate, it does not require affirmative action. An employer can hire the most qualified applicant.
As an employee
It is against the law to discriminate against employees related to:
- promotions
- transfers
- letting go or firing them (termination)
- pay (compensation)
- job assignments
- leaves of absence
- fringe benefits
- training
- activities, and
- any other term, condition, or privilege of employment
Your employer must give you reasonable accommodation for your disability unless doing so would cause undue hardship or a direct threat to the health and safety of others.
An employer does not have to accommodate employees who are not otherwise qualified for the position they hold.
Medical examinations and inquiries
When you are applying for a job, an employer cannot make you take a medical exam or answer any disability-related questions.
But they are allowed to ask you about your ability to perform job-related functions, and respond to your request for reasonable accommodation.
Once an employer makes you a conditional job offer:
- You might be asked to take a medical exam or answer disability-related questions if the exam or question is job-related, consistent with business needs, and if all entering employees in the same job classification have to take the same exam or answer the same questions.
- You might need to give medical documentation so that the employer can evaluate a request for reasonable accommodation.
Drug tests to check for illegal use of drugs are allowed under the law. They are not subject to the above rules.
Confidentiality
Medical-related information is confidential, except in the case of the supervisor, safety personnel, compliance officers, or other people who are clearly specified as needing to know.