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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The information contained in this presentation is a brief overview and should not be construed as legal advice or exhaustive coverage of the topic.
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.
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