Discriminate Against People With Learning Disabilities

You may have heard that it is illegal to discriminate against people with learning disabilities. However, is it legal? That depends on the circumstances. Before the ADA was enacted, employers could tell you, “Oh, you have dyslexia, but you don’t need to worry about that” when hiring you. That may have changed now, however. As long as the company has at least 15 employees, it is not illegal to say “you have learning disabilities.”

The Rehabilitation Act of 1973 contains several different sections. The first section covers employers and employees in federal agencies and certain private organizations. Employers are required to provide equal opportunities for qualified employees. These laws also apply to many private schools and most State and local governments. The Equal Employment Opportunity Commission oversees the discrimination laws in these areas. For more information, see the EEOC website. If you believe you have been the victim of disability discrimination, you may have a case.

Moreover, the law prohibits educational institutions from excluding people with disabilities. For example, if a school allows selection based on academic ability, a learning disability child could apply to that school and fail the entrance examination. However, the school could justify the discrimination by not offering him a place in their institution of higher learning. In such situations, the school must provide reasonable accommodations for the disabled student.

disability harassment at workplace

The ADA Amendments Act prohibits discrimination based on a disability, although some state laws have different standards than the ADA. For this reason, it is important to check the laws in your state and consult an attorney if necessary. It is also advisable to check whether a company is required to implement the ADA when hiring. If it does, be sure to tell the company that you are aware of the law.

Is it Illegal to Discriminate Against People With Learning Disabilities?

The ADA allows employers to refuse hiring someone with a disability, but only if the person has the ability to perform essential job functions with reasonable accommodations. It is also unlawful to discriminate based on association or relationship. The ADA also prohibits discrimination based on unfounded assumptions or bias. However, employers may be required to provide sign language interpreters to job applicants with disabilities.

Indirect discrimination occurs when a rule, policy or practice affects people with disabilities unfairly. For example, if a local authority produces a leaflet for people in their community, but fails to provide an easy-to-read version, it is indirect discrimination. This could be illegal, even if it is justified by business or health reasons. This is one of the most common types of discrimination and should be addressed in every workplace.

When an employer knows that a person has a disability, they must take reasonable steps to accommodate them. A disability must be disclosed, but if a disability is not disclosed, an employer will face discrimination. Additionally, employers must maintain the confidentiality of medical examination results. The medical records of a person with a disability must be kept separately from other employee records. If you or someone you know is being harassed for a disability, you can report it as a hate crime.