Disability & Employment

FROM KARA MORROW, ASST. DIRECTOR OF DISABILITY & ACCESS SERVICES

There are many factors to consider when a person with a disability is entering the workforce for the first time or shifting in their current employment. There are also guidelines for supervisors and employers of folx with disabilities.

As we know, "disability" is a broad term, and that is on purpose. Disability Rights Laws are designed to protect both employers and employees in instances of potential discrimination related to accommodations for those with disabilities.

When must employers provide reasonable accommodations in employment?

If the employer has fifteen or moreemployees, they are required toprovide reasonable accommodationsto employees who meet the definitionof a person with a disability andrequest accommodations be made.

In employment, what is the definition of a person with a disability?

The definition is the same as in a non-employment situation: The Americans with Disabilities Act Amendments Act (ADAAA) as amended defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3)individuals with a record of such an impairment.

During the application or interview stage, can an employer ask if you have a disability or ask you to take a medical exam?

No. The law places strict limits on employers when it comes to asking any job applicants to answer disability-related questions, take a medical exam, or identify a disability. Also an employer may not ask applicants if they have a disability (or even about the nature of an "obvious" disability). An employer may ask applicants whether they can perform the essential functions of the job, and if or how they would perform the job, with or without a reasonable accommodation.

Can an employer ask about my disability status after a genuine offer of employment has been made?

After a job is offered to an applicant, the law allows an employer to condition the job offer on the applicant answering certain disability-related questions or successfully passing a medical exam, but only if all new employees in the same type of job must answer the questions or take the exam.

What are my options if I feel I have been discriminated against because of a disability?

If you believe you have experienced discrimination due to yourdisability, you may be able to file an internal complaint throughthe Human Resources department of the employer or you canfile a complaint with the Equal Employment OpportunityCommission (EEOC).

I'm Kara Morrow and I am the Assistant Director for Disability and Access Services (DAS) which is housed in the Office of Diversity, Equity & Inclusion. Before joining OCU, I worked for the State of Oklahoma interpreting the application of laws and provisions around disability for over 10 years. If you have any questions, please contact me at kamorrow@okcu.edu, das@okcu.edu or call (405) 208-5895.