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Work: ADA Protections 101: Discrimination, Harrassment

Examples Of Areas Where An Employer Cannot Discriminate

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Pre work

  • Recruitment.
  • Job Application and hiring.
  • Interview.
  • Pre-hiring physical examination.

At work

  • Pay.
  • Bonuses.
  • Job assignments. Note that an employer does not have to allow you to perform a job that poses a significant risk of substantial harm to the health or safety of yourself or others -- unless the risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.
  • Training.
  • Tenure.
  • Promotions.
  • Benefits. The ADA does not prevent an employer from including a pre-existing condition exclusion in a health insurance policy.
  • Time off.
  • Lay off.
  • Firing.

An employer also cannot discriminate against you if you advocate for your rights under a law protecting you against discrimination.

On the other hand, having a disability does not prevent you from being fired for other reasons, such as downsizing, the use of illegal drugs, or you're not performing the essential functions of your job.

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