Social
Security Administration |
Equal
Employment Opportunity Commission |
U.S.
Department of Justice Civil Rights Division |
There are more opportunities now than ever
before for people who are receiving SSDI and SSI benefits to learn
job skills and find permanent employment.
If you are seeking a job or are new to
the workforce, you should become familiar with the Americans
with Disabilities Act of 1990 (ADA), a federal civil rights
law designed to prevent discrimination and enable individuals
with disabilities to participate fully in all aspects of society.
One fundamental principle of the ADA is that individuals with
disabilities who want to work and are qualified to work must have
an equal opportunity to work. This brochure answers questions
you may have about your employment rights under the ADA.
How do I know if I am protected by the
ADA?
To be protected, you must be a qualified
individual with a disability. This means that you must have a
disability as defined by the ADA. Under the ADA, you have a disability
if you have a physical or mental impairment that substantially
limits a major life activity such as hearing, seeing, speaking,
thinking, walking, breathing, or performing manual tasks. You
also must be able to do the job you want or were hired to do,
with or without reasonable accommodation.
What are my rights under the ADA?
The ADA protects you from discrimination
in all employment practices, including: job application procedures,
hiring, firing, training, pay, promotion, benefits, and leave.
You also have a right to be free from harassment because of your
disability, and an employer may not fire or discipline you for
asserting your rights under the ADA. Most importantly, you have
a right to request a reasonable accommodation for the hiring process
and on the job.
What is a "reasonable accommodation"?
A reasonable accommodation is any change
or adjustment to a job, the work environment, or the way things
usually are done that would allow you to apply for a job, perform
job functions, or enjoy equal access to benefits available to
other individuals in the workplace. There are many types of things
that may help people with disabilities work successfully. Some
of the most common types of accommodations include:
-
physical changes,
such as installing a ramp or modifying a workspace or restroom;
-
sign language interpreters
for people who are deaf or readers for people who are blind;
-
providing a quieter
workspace or making other changes to reduce noisy distractions
for someone with a mental disability;
-
training and other
written materials in an accessible format, such as in Braille,
on audio tape, or on computer disk;
TTYs for use with telephones by people who
are deaf, and hardware and software that make computers accessible
to people with vision impairments or who have difficulty using their
hands; and time off for someone who needs treatment for a disability.
What should I do if I think I might need
a reasonable accommodation?
If you think you might need an accommodation
for the application process or on the job, you have to request one.
You may request a reasonable accommodation at any time during the
application process or any time before or after you start working.
How do I request a reasonable accommodation?
You simply must let your employer know that
you need an adjustment or change because of your disability. You
do not need to complete any special forms or use technical language
to do this. For example, if you use a wheelchair and it does not
fit under your desk at work, you should tell your supervisor. This
is a request for a reasonable accommodation. A doctor's note requesting
time off due to a disability or stating that you can work with certain
restrictions is also a request for a reasonable accommodation.
What
happens after I make a request for a reasonable accommodation?
Once you have made a request for a reasonable
accommodation, the employer should discuss available options with
you. If you have a disability that is not obvious, the employer
may request documentation from you demonstrating that you have a
disability and explaining why you need a reasonable accommodation.
You and the employer should work together to determine an appropriate
accommodation.
What should I do if I think my ADA rights
have been violated?
You should contact the nearest office of
the Equal Employment Opportunity Commission (EEOC). Someone will
help you determine whether you should file a charge of discrimination.
Charges may be filed with the EEOC in person, by mail, or by telephone.
There are strict time frames for filing
charges of employment discrimination. In most states, you have 300
days from the time the alleged discrimination occurred to file a
charge, but in some states you may have only 180 days. The EEOC
field office nearest you can tell you which time period applies
to you. However, you should file a charge as soon as possible after
you believe the discrimination occurred.
To contact the EEOC, look in your telephone
directory under U.S. Government or call
1-800-669-4000 (voice) or 1-800-669-6820 (TTY).
Is there any cost to file a charge?
No. There is no cost to file a charge.
Do I need a lawyer to file a charge?
No. You may file a charge on your own without
a lawyer, though some people do choose to retain one. Your local
bar association may be able to help you locate a lawyer, and many
communities have organizations that can provide free legal services
or legal services at a reduced rate to people who qualify for them.
What happens after I file a charge with
the EEOC?
- First, the EEOC notifies your employer
that a charge has been filed.
- In some instances, the EEOC will suggest
mediation as a way of resolving the charge. Mediation is a process
by which an impartial party tries to help people resolve a dispute.
Mediation is voluntary, free, and completely confidential.
- If a charge is not referred to mediation
or if mediation is unsuccessful, and the EEOC determines that
a violation has not occurred, your charge will be dismissed and
you will be sent a letter telling you that you may file your own
lawsuit.
- If the EEOC concludes that you were discriminated
against, it will attempt to settle the claim informally. If this
is unsuccessful, the EEOC will decide whether to bring a lawsuit
or issue you a letter giving you the right to file a lawsuit on
your own.
For more information about work support,
contact the Social Security Administration at:
1-800-772-1213 (voice)
1-800-325-0778 (TTY)
www.ssa.gov/work
For more information about the ADA, contact
the Equal Employment Opportunity Commission (EEOC) and the Department
of Justice (DOJ) at:
EEOC
1-800-669-4000 (voice)
1-800-669-6820 (TTY)
www.eeoc.gov
DOJ
1-800-514-0301 (voice)
1-800-514-0383 (TTY)
www.usdoj.gov/crt/ada
For free information about many types of
reasonable accommodations, contact the
Job Accommodation Network at:
1-800-526-7234 (voice/TTY)
http://janweb.icdi.wvu.edu/
Publication Number ADA-0001
ICN 951750
Last update March 2, 2001
|