Thanks to the federal Americans With Disabilities Act (ADA) and similar state laws, there are protections from discrimination at work for people who are legally considered to be "disabled" because of a health condition or treatment, and even for people who are perceived (thought of) as being "disabled." (You do not have to be disabled in the sense that you are not able to work. You only need to be able to fit the law's definition of "disability" - and that definition was broadened in 2008.)

Protection against discrimination extends to all work related matters such as promotion, salary or insurance benefits. It also extends to harassment, and protection against retaliation for insisting on your rights.

The law does not protect a person with a disablility that poses a threat to him or her self or to other people.

The federal Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of contractors who work with the federal government.  Since the standards for determining employment discrimination under the Rehabilitation Act are the same as those in the ADA, we will discuss both laws as the ADA.

The ADA does not require that you are so "disabled" that you cannot work. In fact, the main thrust behind the law is that if you can do your job, you shouldn't be discriminated against because of your health condition. You are even entitled to a change in your job (an "accommodation") if needed to help you do your job.

To determine whether you are protected by the ADA and similar laws:

Step 1. Check to see whether your employer is an employer to which the law applies.
Step 2. Consider whether you are "disabled" as defined by the ADA.
Step 3. Check your state's laws. If the state anti-discrimination law is better for you, the state law applies instead of the federal law. 

Proving that you've been discriminated against can be difficult. The best protection is to be pro-active and start keeping a work journal. We're not suggesting that you assume that will be discriminated against. The journal is "just in case." It does not require a lot of effort to keep.

If the use of marijuana for medical purposes is legal in your state, it is not legal on a federal level and therefore may not be protected by the ADA.

If you feel you are being discriminated against, gather evidence. Speak with your supervisor. If that doesn't work, speak with the highest person you can reach in the Human Resource department if your employer has one. If there is no such person, speak with the head of the company. If discussion doesn't work, if you are protected by the ADA, it doesn't have to cost you money to enforce your rights. See Enforcement of the Americans With Disabilities Act and Enforcement of the Americans With Disabilities Act -- Getting Started.

For more information about whether you are entitled to an accommodation, and how to get an accommodation even if you aren't legally entitled to one, see Accommodation.

NOTE: The ADA does not prevent an employer from including a waiting period for health insurance coverage for pre-existing conditions even though such clauses may adversely affect employees with disabilities more than other employees. There is limited protection against such clauses thanks to the federal law known as HIPAA. (See "To Learn More.")

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