Know Your Rights: Understanding ADA Protections for Workers
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities in all areas of public life, including jobs. As a nonprofit worker, especially in the reproductive justice and access sector, you have certain rights and protections under the ADA if you have a disability. In this post, we'll break down the key protections in simple terms so you can understand your rights in the nonprofit sector.
What is a Disability Under the ADA?
First, it's important to understand what constitutes a disability. Under the ADA, a disability is defined as “a physical or mental impairment that substantially limits one or more major life activity.” This includes conditions like blindness, deafness, mobility impairments, intellectual disabilities, mental health conditions, chronic illnesses, and more.
Disclosing Your Disability:
To receive ADA protections and request reasonable accommodations, employees typically need to disclose their disability to their employer. You are not required to share your specific diagnosis or medical records; just information to show you have a condition that meets the ADA's definition of a disability.
Disclosure can happen at any time, but it's best to notify your employer as soon as you know you'll need an accommodation. The disclosure process enables employers to have a dialogue with you about options to meet your needs. Keep in mind your disability information remains confidential within HR and management.
The ADA Protects You During All Stages of Employment:
The ADA requires employers to provide reasonable accommodations for employees with disabilities during all stages of employment:
Application & Interview Stage: Employers cannot ask disability-related questions before making a job offer. Any medical exams must be job-related.
Hiring & Onboarding: Employers must make reasonable accommodations for disabilities during training, orientation, etc.
Actual Job Duties: Employers must provide accommodations to enable employees with disabilities to perform essential job functions.
Evaluations & Promotions: Performance issues related to a disability must be considered and accommodated.
Termination: Employers cannot fire someone based solely on a disability.
Reasonable Accommodations in the Workplace:
The key ADA protection is the right to reasonable accommodations in the workplace. An accommodation is any change to the work environment that enables an employee with a disability to enjoy equal employment opportunities.
Some examples of reasonable accommodations include:
Modified work schedules
Leave for medical care
Telework options
Reassignment of non-essential duties
Adaptive equipment or technology
Accessible formats for training materials
The accommodation process should involve an open dialogue between employer and employee to find a solution that works for both parties.
Speaking Up About Your Rights:
Don't be afraid to speak up if you feel your ADA rights are being violated at work. First, follow internal procedures and talk to your manager or HR department about getting accommodations. If that doesn't resolve the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
The ADA's protections allow employees with disabilities to enjoy the same workplace opportunities as their peers. Of course, it doesn’t fully protect against ableism which is a structural and cultural issue that we all need to work towards. And, receiving protections under the ADA are easier said than done. It shouldn’t be on you to educate your workplace on how to support disabled and neurodiverse employees. It’s on all of us to create supportive workplaces that support all of our needs. Understanding these rights is key to advocating for yourself on the job. You deserve support and tools so that you can advocate for yourself, let your employer know that you may need accommodations, and to work with HR and your supervisors to ensure your needs are met. You are a fabulous asset to your workplaces and you deserve support—as a repro worker and because it’s the law!