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Even though The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. Many individuals with LOTS struggle to find or keep employment. Often people with LOTS can not continue in their selected career as the disease progresses and they lose muscle strength and control and communication becomes more challenging. It then becomes difficult to find new work that is compatible with the progressive nature of LOTS.
Essentially you are protected from employment discrimination if you have a disability and you are qualified to perform the essential functions or duties of a job, with or without reasonable accommodation. This means two things. First, you must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
- providing or modifying equipment or devices,
- job restructuring,
- part-time or modified work schedules,
- reassignment to a vacant position,
- adjusting or modifying examinations, training materials, or policies,
- providing readers and interpreters, and
- making the workplace readily accessible to and usable by people with disabilities.
An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense.
Visit the U.S. Equal Employment Opportunity Commission for the complete employment ADA regulations.
The American Association of People with Disabilities
Job Accommodation Network
National Center on Workforce and Disability/Adult
The New Freedom Initiative’s Online Resources for Americans with Disabilities
U.S. Department of Labor, Office of Disability Employment Policy |