The Rights of the Disabled in the Workplace
by Gianna Lazarou
When a disabled person is seeking work they need to keep in mind that they are afforded the same rights as others. In many instances, the disabled person feels that their rights aren’t as encompassing as non-disabled people but that simply isn’t the case.
It is unlawful for an employer to discriminate against someone because of a disability. This means that even during the interview process, a person cannot be treated differently simply because of their disability. In fact, it is against the law for an interviewer to ask any medical questions. If you have a noticeable disability you may be inclined to explain your condition but you do not have to answer any questions posed to you regarding it.
Some companies will use the premise of a pre-employment medical exam to reveal any disabilities. This again is considered to be right on
 the line of breaking the law and you can refuse to take the exam if you feel it’s unwarranted.
When a disabled person is hired there are legal measures in place that protect their rights. These rights cover many different areas of the employment agreement including:
· Adjustments in the workplace. If a disabled person is hired the employer must agree to make adjustments in the workplace to accommodate them. These could include the placement of a ramp for wheelchair access, or Braille instruction manuals. It may also include placing someone to work with you if there are areas where you need assistance.
· An allowance for time away. Your employer must grant you time away from your job if you need to attend medical appointments or rehabilitation. Although the disabled individual should strive to attend these appointments when it will have the least impact on
their workday, your employer must allow for it.
· An avenue of complaint for discrimination. Although your employer might welcome disabled employees, other employees can often be less accepting. If you are a disabled person who has suffered discrimination either from your employer or a co-worker you must be provided with a method of complaint. In most instances there is a disability discrimination body in place that hears and handles any complaints.
It’s important for the disabled person to fully understand all of their rights before accepting a new position. Although you may feel it’s in your best interest to accept a position without a thorough understanding of the company’s policy on the disabled, this simply isn’t advised.
Talk to your employer about your rights and keep them informed of any changes in your condition that may affect your performance at work.
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