For Delaware Employers With ADA Questions
If you're an employer in Delaware, you might consider meeting with your business attorney to discuss the changes to the Americans With Disabilities Act that became effective January 1, 2009. Under what is referred to as "the 2008 amendments," there are significant changes in the law, including the definition of the word "disabilities."
Here are just a few things you need to know.
Employers who are covered by the ADA law are required to make sure that individuals with a disbility have an equal opportunity to apply for jobs and to work in jobs that they're qualified for. Once an individual with a disability is hired, you have to make sure that they have an equal opportunity to be promoted. You also have to make sure that such person is given equal access to the same benefits offered to other employees. And you have to make sure that such persons are not harassed because of their disability. This last point about harassment has to be taken seriously. If you receive a complaint from one of your employees that he or she is being harassed because of their disability, you should conduct an immediate investigation and take whatever action is needed to fix the situation.
Most employers know that they can't ask certain questions during a job interview. But what exactly are the questions that can't be asked? You can’t ask the job applicant about their physical or mental impairment. You can’t ask how they became disabled. You can’t ask the applicant about the medicines they take. And you can’t ask the applicant about their workers' compensation history.
The subject of accommodations is brought up a lot by employers, and this will be explained in future articles.
