Wisconsin individuals who are disabled may wonder what rights they have under the Americans with Disabilities Act when they seek employment. This act provides protection to individuals who suffer from a substantial disability that significantly impairs their life.
Wisconsin truck drivers might be interested in a case in which Old Dominion Freight Line was found guilty of violating the American with Disabilities Act and ordered to pay one of its former drivers more than $100,000 in back pay. The Equal Employment Opportunity Commission sued the company on behalf of the employee after the driver was dismissed when he sought help for an alcohol problem in 2009. Under the Americans with Disability Act, alcoholism is considered a disability. Employers are required to make reasonable accommodations for disabled employees.
Wisconsin employers must abide by the Americans with Disabilities Act of 1990. This federal law states that reasonable accommodations must be made for employees or applicants who suffer from a disability. An employer may be exempt from this requirement if it would create an undue hardship for the company. Reasonable accommodations are defined as modifications to the workplace that enable an employee to do the job to the best of his or her abilities.
Federal law prohibits employment discrimination based on a disability of an employee or job applicant. Disability discrimination is governed by the Americans with Disabilities Act. According to the protections offered by the act, employers may not treat a person less favorably because of a belief that he or she has a disability or a history of disability. Discrimination is prohibited with regard to pay rates, job assignments, hiring and firing decisions, promotions, layoffs, fringe benefits and other employment related matters.
As we often discuss in this blog, employers here in Wisconsin are required to make certain accommodations for employees with disabilities. Under the Americans with Disabilities Act, employers must provide changes to a workplace or role--reasonable accommodations--in order to allow workers with disabilities to perform their jobs. Examples of such accommodations include modifying equipment, such as adding computer screen magnifiers or adjusting desk height, and adjusting schedules, among other things.