EMPLOYMENT DISCRIMINATION

AMERICANS WITH DISABILITIES ACT (ADA)

• Who it protects:
• 1) One with physical or mental impairment that limits major life activities
• 2) One who has a record of such impairment
• 3) One who is regarded as having such impairment
• Discrimination: hiring, firing, advancement, compensation, training, etc

AMERICANS WITH DISABILITIES ACT (ADA)

• Who are the employers
• 1) Private employers with 15 or more employees
• 2) State & local goverments
• 3) Employment agencies & labor organizations
• 4) Any employer that receives federal money

THE DON'TS OF ADA -EMPLOYER SIDE

• Before job offer: ask about disability or require medical exam
• After job offer: ask medical questions or require medical exam
• EXCEPTION: need documentation to support request for accommodation

THE DO'S OF ADA -EMPLOYER SIDE

• Before job offer: ask if applicant can perform job with or without accommodation
• After job offer: ask medical questions/take exam if required of all employees
• Provide reasonable accommodation if it's not "undue hardship" for business
• Keep all medical records and information confidential & in separate files

IN PENNSYLVANIA

• Illegal to discriminate because of disability or relationship to person with disability
• Applies to companies with 4 or more employees, except federal agencies et al

FAMILY & MEDICAL LEAVE ACT (FMLA)

Entitles "eligible" employees of covered employers to take unpaid, job-protected leave for family & medical reasons

FMLA: 12 WORKWEEKS OF LEAVE IN 1 YEAR FOR:

• Birth of child or placement of child for adoption or foster care
• Care for spouse, child or parent with serious health condition
• Employee can't perform job due to serious health condition
• Qualifying circumstances from spouse, child, parent being on active duty