Disability discrimination can occur in various aspects of employment, including: interviewing, hiring, pay, training, job assignments, promotions, layoff, and firing. What is disability discrimination in the workplace?ĭisability discrimination occurs when an employer (or other covered entity) treats an applicant or employee with a disability unfavorably based solely on their disability or fails to provide an accommodation that is both reasonable and necessary. 151B §4): is comparable to the ADA in its protections, however it covers employers with 6 or more employees.Įxecutive Order 592: the Executive Branch of the Commonwealth has specific policies intended to implement, coordinate, and monitor policies around non-discrimination, diversity and equal opportunity in state government. The Massachusetts Employment Discrimination Law ( M.G.L. The Family and Medical Leave Act (FMLA): entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The Rehabilitation Act of 1973: prohibits discrimination on the basis of disability in programs conducted by federal agencies, programs receiving federal financial assistance, federal employment and in the employment practices of federal contractors. It also applies to employment agencies and to labor organizations. The ADA covers employers with 15 or more employees, including state and local governments. The Americans with Disabilities Act (ADA): Title I: prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The protections are similar, but there are some differences in recourse procedure for federal employees. However federal applicants/employees are covered under the Rehabilitation Act. In most situations, employees with disabilities are covered by the Americans with Disabilities Act (ADA). Private employers, federal/state/local governments, employment agencies, labor organizations, and labor-management committees are all expected to refrain from job discrimination, and may face legal consequences if anti-discrimination laws are violated. These laws prohibit discrimination on the basis of disability, and work to ensure equal treatment for employees with disabilities. There are federal and state laws that offer civil rights protections to people with disabilities in the workplace.
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