Many Americans are troubled with access issues in the workplace. Although there are laws in order to protect the rights of disabled workers, they undoubtedly face difficulties every day due to unreasonable accommodation. The Americans with Disabilities Act seeks to break down barriers for disabled workers in Wisconsin. Recently, one man recounts his journey through the court system to ensure that the ADA and laws surrounding reasonable accommodation are upheld.
It is no secret that Federal agencies are required by law to provide reasonable accommodation to employees with certain disabilities. Most people may not know the laws enacted to protect employees in the event that another position opens up within their place of employment that could better accommodate them. An employee in Wisconsin is entitled to reassignment as a reasonable accommodation if there is an open position for which the employee is qualified and if granting the job transfer would not disrupt the employer's seniority system.
In surveys conducted recently by researchers, half of U.S. employers are unsure of how to interpret ADA accommodations and implement provision without avoiding organizational hardship. Wisconsin employers and employees now have the Americans with Disabilities Act Amendments Act for reference with regard to the definition and broadened terms of disability. This amendment to the ADA allowed an increase in the pool of protected individuals. However, further clarity may still need to be provided to ensure protection of disabled individuals in the workplace.
Americans are entitled to equal opportunity as citizens of the United States. The Americans with Disabilities Act (ADA) guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services and telecommunications. When an employer or organization is in violation of the ADA, complaints can be issued, and action can be taken to correct the infraction. Recently, Wisconsin's U.S. Senator Ron Johnson has been given a vote that will impact an international treaty that will protect disabled individuals on an international level.
Employers and organizations are required to make reasonable accommodations for disabled and pregnant individuals. Unfortunately, pregnancy and disability discrimination persists today, and the Americans With Disabilities Act and the Pregnancy Discrimination Act should protect individuals that have experienced any violation of the laws. Wisconsin men and women can take notice of the action that one individual took to end pregnancy and disability discrimination and advocate for reasonable accommodation.
October is National Disability Employment Awareness Month, bringing to light disability employment issues and celebrating the many and varied contributions of America's workers and disabilities. This year's theme is aptly named "Because We Are EQUAL to the Task," and this is particularly relevant because nearly one in every five Americans has a disability. Wisconsin residents who have a medical impairment are protected under the Americans with Disabilities Act (ADA), and discrimination against them in the workplace is prohibited.
It is the constitutional right of every American to be treated fairly and without discrimination. Discrimination is the lawful and intentional unfair treatment of a person based on any of a set of federally protected characteristics. Disability discrimination occurs when a person with a disability is treated unfairly, or when adequate accommodations are not made for people with disabilities. Recently, the 2012 Ms. Wheelchair Wisconsin has taken action against disability discrimination throughout the city of Whitewater.
It's a rough road for employees with disabilities, and sometimes it's even tougher if the employer merely 'perceives' that there's a disability. Wisconsin and all other states are bound by the provisions of the Americans with Disabilities Act. This case is about a deputy Sheriff in another state who had a stroke. He came back to work several months later on a part-time basis and then moved to full-time.
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.
We write quite a bit about the Americans with Disabilities Act in this Milwaukee Employment Law Blog. Many employers and employees in Wisconsin are aware that this federal law bars employers from discriminating against workers or job applicants on the basis of a real or perceived disability. Another law that is closely tied to the ADA is the Genetic Information Nondiscrimination Act. This act was just passed into law in 2009, and many employers do not understand what this requires of them.