Disability Discrimination Lawyers for Federal Employees
Like all other employers, the federal government is prohibited from discriminating against employees and job candidates on the basis of a physical or mental disability. The Americans with Disabilities Act (ADA) is one of several federal laws designed to protect individuals with disabilities against disability-based employment decisions, harassment, and lack of reasonable accommodations.
The ADA applies to federal employees who:
- Have physical or mental disabilities that substantially limit one’s ability to ambulate, learn, or communicate; or
- Have a history of disability (for example, an illness that is in remission); or
- Are perceived to have a physical or mental disability that is not both transitory (expected to last six months or less) and minor.
Like other types of employment discrimination, disability discrimination can take many forms. It is unlawful for federal agencies to make employment-related decisions based upon an employee’s qualifying disability. It is also unlawful for federal employers to engage in or permit harassment of employees that targets their disabilities. Additionally, the federal government must provide reasonable accommodations to help individuals with disabilities apply for jobs and perform their job duties, including changes to both work environments and the establishment of policies and procedures.
Understanding Your Rights: Federal Employee Disability Discrimination FAQs
Q: Does the Americans with Disabilities Act (ADA) apply to all federal employees?
Yes. Under Section 501 of the Rehabilitation Act, which was signed into law in 1973, the ADA applies to all federal sector government employees.
Q: What constitutes a “reasonable accommodation” for a physical or mental disability?
What legally constitutes a “reasonable accommodation” depends on the nature of the federal employee’s disability, his or her job responsibilities, and the current condition of his or her work location. For example, it may be necessary to make modifications to existing facilities for an individual with a physical disability, while someone who has a disabling illness may require more frequent breaks or a modified work schedule.
What is reasonable for one employee will not necessarily be reasonable for another.
Q: What types of physical and mental impairments are considered qualifying disabilities under the ADA?
Qualifying disabilities under the ADA fall into two categories. Under Section 1630.2(h) of the ADA’s implementing regulations, covered physical and mental impairments include:
(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or
(2) Any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Q: What types of employment-related decisions can lead to claims under the ADA?
Any employment-related decision has the potential to lead to a claim under the ADA if it is based on a federal employee’s or job candidate’s qualifying disability. This includes decisions regarding:
- Hiring
- Training
- Job assignments
- Advancement opportunities
- Pay and benefits
- Firing or layoff
- Other terms and conditions of employment