Employment Rights for Individuals with Disabilities

Title I of the Americans with Disabilities Act (ADA) bars employment discrimination. It covers all private employers with 15 or more employees and all state and local government employers, regardless of size. It applies not just to those who are working in traditional employment, but to all workers with disabilities, including work study students and student assistants on college campuses, and to paid and unpaid student interns who are working off-campus. It also requires reasonable accommodation in recruiting, hiring, employing, promoting, and training qualified workers with disabilities.

In order to be protected from job discrimination by the ADA, you must be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, and must meet all of the employer’s requirements for the job such as educational background, employment experience, and skills. A reasonable accommodation is any change or adjustment to a job or work environment that helps a person with a disability apply for a job, perform the essential functions of the job, or enjoy the benefits of employment. Reasonable accommodation may include making the facilities used by employees physically accessible. It can also include job restructuring or modified work schedules; the purchase or modification of equipment; providing qualified Sign language interpreters; and modification of policies, examinations, and materials.

Accommodation is required unless it results in “undue hardship” – significant difficulty or expense to the employer.  Factors to be considered when determining whether an accommodation would be an undue hardship include the nature and cost of the accommodation and the size and financial resources of the employer.

 

Employment Resources for Individuals with Disabilities

The following websites provide information about your legal rights as an applicant and employee with a disability; practical suggestions and technical assistance regarding all aspects of employment, including the job application and interview process; and information about vocational and employment-related programs and legislation, including Title I of the Americans with Disabilities Act of 1990.

 

New York State Adult Career and Continuing Education Services (ACCES-VR)
www.acces.nysed.gov/vr

ACCES-VR starts with the presumption that all persons with disabilities can benefit from vocational rehabilitation services and should have opportunities to- work in jobs integrated within their communities. VR Counselors guide individuals through service programs they need to reach their employment goals.

 

New York State Commission for the Blind and Visually Handicapped (CBVH)
www.ocfs.state.ny.us/main/cbvh

The New York State Commission for the Blind and Visually Handicapped (CBVH) provides vocational rehabilitation and other direct services to legally blind New York State residents, including children, adults, and elderly persons. One of CBVH's primary objectives is to assist consumers in achieving economic self-sufficiency and full integration into society.

 

Our Ability Connect
http://ourability.jobs

Where can you find 1 million jobs?  We can assist Individuals with Disabilities in reaching your career goals.
Our Ability Inc.
19 Timber Lane
Glenmont, NY 12077
518-429-9256

 

New York State Department of Labor
www.labor.ny.gov

The Department of Labor operates two federally funded disability employment services in New York State’s One-Stop Career Centers. Its disability programs and resources are designed to improve education, training, and employment opportunities and outcomes for adults with disabilities who are unemployed, underemployed and/or receiving Social Security disability benefits.

 

Working Solutions
www.working-solutions.org

The NYS Department of Labor One-Stop Centers in Oneida, Herkimer, and Madison Counties are called Working Solutions. The Centers are a collaborative effort among many agencies and programs assisting job seekers, workers, and businesses in Herkimer, Madison and Oneida counties through the combination of a personal approach and high-tech system of information and service delivery.

 

United States Department of Justice
www.ada.gov

The Department of Justice “ADA Home Page” site provides information and technical assistance on the Americans with Disabilities Act employment provisions (Title I).

 

United States Department of Labor: Office of Disability Employment Policy
www.dol.gov/odep

The Office of Disability Employment Policy (ODEP) seeks to increase employment opportunities for people with disabilities by expanding access to training, education, employment supports, assistive technology, integrated employment, entrepreneurial development, and small-business opportunities.
 

Job Accommodation Network (JAN)
www.askjan.org

The Job Accommodation Network (JAN), a service of the U. S. Department of Labor, is the leading source of free, expert, and confidential guidance on workplace accommodations, the Americans with Disabilities Act, and disability employment issues. JAN helps people with disabilities enhance their employability, and shows employers how to capitalize on the value and talent that people with disabilities add to the workplace.

 

Equal Employment Opportunity Commission (EEOC)
www.eeoc.gov