Iowa Civil Rights Commission Disclaimer The information contained in this presentation is a brief overview and should not be construed as legal advice or exhaustive coverage of the topic. DISABILITY DISCRIMINATION IN EMPLOYMENT What is it ? How do we prevent it ?
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Iowa Civil Rights CommissionDisclaimer
The information contained in this presentation is a brief overview and should not be construed as legal advice or exhaustive coverage of the topic.
DISABILITY DISCRIMINATION IN EMPLOYMENT
What is it ?
How do we prevent it ?
Occurs when a person with a disability is treated differently from a similarly-situated non disabled person with regard to:
- An employment decision
- Terms and conditions of employment
Because of that person’s disability
Also occurs when an employer fails to provide a reasonable accommodation for an employee with a disability
Federal anti-discrimination law that prohibits discrimination, on the part of employers with 15 or more employees, against qualified persons with a disability in any aspect of employment practice
Someone who has significant difficulty performing a major life activity, ( breathing, walking, talking, seeing, hearing, learning, etc. ) as a result of a physical or mental condition. This has to be a substantial difficulty, and not just a temporary one.
Someone who has a past record of a disability or condition. The person may no longer have a difficulty, but had this in the past.
A person who is regarded or perceived as having a disability
Someone who meets all of the following criteria:
Accommodations which make it possible for people with disabilities to be employed
and perform the essential functions of the job.
Might include the following:
-Overall financial resources of employer
-Type of operation
-Number of employees
-Impact of accommodation on the operation
Essential job functions are tasks that are fundamental , not marginal, to a job.
Employers are generally forbidden from considering medical diagnoses in either pre- or post-employment decision making. The employer must consider your current
ability rather than your diagnosis or any potential, real, or imagined future deterioration.
Iowa Civil Rights Commission
211 East Maple Street, 2nd Floor
Des Moines, Iowa 50309
800-457-4416 (toll free)