Chapter VII: Nondiscrimination In Other Employment Practices
7.3 Nondiscrimination in all Employment Practices
The ADA prohibits discrimination against a qualified individual with a
disability on the basis of disability in the following employment practices:
- Recruitment, advertising, and job application procedures;
- Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff, and rehiring;
- Rates of pay or any other form of compensation, and changes
in compensation;
- Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;
- Leaves of absence, sick leave, or any other leave;
- Fringe benefits available by virtue of employment, whether
or not administered by the covered entity;
- Selection and financial support for training, including:
apprenticeships, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;
- Activities sponsored by a covered entity including social
and recreational programs; and
- Any other term, condition, or privilege of employment.
Nondiscrimination, as applied to all employment practices, means that:
- an individual with a disability should have equal access
to any employment opportunity available to a similarly situated individual
who is not disabled;
- employment decisions concerning an employee or applicant
should be based on objective factual evidence about the particular individual,
not on assumptions or stereotypes about the individual's disability;
- the qualifications of an individual with a disability may
be evaluated on ability to perform all job-related functions, with
or without reasonable accommodation. However, an individual may not
be excluded from a job because a disability prevents performance of marginal
job functions;
- an employer must provide a reasonable accommodation that
will enable an individual with a disability to have an equal opportunity
in every aspect of employment, unless a particular accommodation would
impose an undue hardship;
- an employer may not use an employment practice or policy
that screens out or tends to screen out an individual with a disability
or a class of individuals with disabilities, unless the practice or
policy is job related and consistent with business necessity and the
individual cannot be accommodated without undue hardship;
- an employer may not limit, segregate, or classify an individual
with a disability in any way that negatively affects the individual
in terms of job opportunity and advancement;
- an individual with a disability should not because of a
disability be treated differently than a similarly situated individual
in any aspect of employment, except when a reasonable accommodation
is needed to provide an equal employment opportunity, or when another
Federal law or regulation requires different treatment.
These requirements are discussed in this chapter as they apply to various
employment practices. The prohibition against retaliation is discussed in
Chapter X
.
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