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Your Employment Rights as an Individual with a Disability*
Faye Lam - Rockville, MD
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Before a job offer is made, employers
may not ask job applicants about the existence, nature or severity of
a disability. Applicants may be asked about their ability to perform specific
job functions. A job offer may be conditioned on the results of a medical
examination, but only if the examination is required for all entering
employees in the same job category. Medical examination of current employees
must be job-related and consistent with the employer's business needs.
Employees and applicants currently engaging in the illegal use of drugs
are not covered by the ADA, when an employer acts on the basis of such.
Tests for illegal use of drugs are not subject to the ADA's restrictions
on medical examinations. Employers may hold individuals who are illegally
using drugs, and alcoholics, to the same performance standards as other
employees.
If you believe you have been discriminated against by an employer, labor
union or employment agency when applying for a job or while on the job
because of a disability, you may file a charge of discrimination with
the U.S. Equal Employment Opportunity Commission (EEOC). Charges may be
filed in person, by mail or by telephone by contacting the nearest EEOC
office. To locate the EEOC office nearest you, call 800-6694000 (voice)
or 800-800-3302 (TDD).
There are strict time frames in which charges of employment discrimination
can be filed. Charges must be filed with the EEOC within 180 days of the
alleged discriminatory act. In states or localities where there is an
anti-discrimination law and an agency authorized to grant or seek relief,
a charge must be presented to that state or local agency. In such jurisdictions,
you may file charges with the EEOC within 300 days of the discriminatory
act, or 30 days after receiving notice that the state or local agency
has terminated its processing of the charge, whichever is earlier. It
is best to contact the EEOC promptly when discrimination is suspected.
When charges or complaints are filed beyond these time frames, the private
right of action may be unavailable.
The EEOC may file a lawsuit if it finds reasonable cause to believe that
discrimination occurred and conciliation errors fail. An individual may
file a private suit within 90 days of receiving a notice of right-to-sue
from the EEOC.
*Information for this article was taken from EEOC's Information for the
Private Sector and State and Local Governments.
For more information about the ADA and the EEOC regarding employment discrimination
and employee rights contact:
Equal Employment Opportunity Commission
1801 L Street, NW
Washington, DC 20507
(202) 663.4900 (Voice)
(800) 800.3302 (TTD)
(202) 663.4494 (TDD for 202 Area Code)
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