Virtually every employer knows that they cannot discriminate against their employees—especially those that are part of a protected class. Title VII of the Civil Rights Act prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. The U.S. Equal Employment Opportunity Commission (EEOC) extends this list further to include, for example, age, disability, and pregnancy.
Of these, perhaps the most ambiguous is the “disability” class, which is sometimes difficult to identify and protect. This may be because not all employers know what actually constitutes a disability, or it simply may be because they do not have the proper policies in place. However, once an employee adequately advises the employer of a qualifying disability, the employer must avoid discriminating against the employee—whether intentionally or inadvertently—because of it.
Once you’re aware that one of your employees has a disability, your business needs to take steps to avoid discrimination against that employee. Read the full article on the COSE website to learn what qualifies as a disability and how your business can avoid ADA violations.
Cindy Menta is an Associate Attorney attorney at Gertsburg Licata. Her practice is focused primarily on real estate transactions and commercial litigation. She can be reached at [email protected].
Gertsburg Licata is a full-service, strategic growth advisory firm focusing on business transactions and litigation, M&A and executive talent solutions for start-up and middle-market enterprises. It is also the home of CoverMySix®, a unique, anti-litigation audit developed specifically for growing and middle-market companies.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.
