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Page 1: workta

There are more opportunities nowthan ever before for people who arereceiving SSDI and SSI benefits tolearn job skills and find permanentemployment.

If you are seeking a job or are new to theworkforce, you should become familiarwith the Americans with Disabilities Actof 1990 (ADA), a federal civil rights lawdesigned to prevent discrimination andenable individuals with disabilities toparticipate fully in all aspects of society.One fundamental principle of the ADA isthat individuals with disabilities who wantto work and are qualified to work musthave an equal opportunity to work. Thisbrochure answers questions you may haveabout your employment rights under theADA.

To be protected, you must be a qualifiedindividual with a disability. This meansthat you must have a disability as definedby the ADA. Under the ADA, you have adisability if you have a physical or mentalimpairment that substantially limits amajor life activity such as hearing, seeing,speak-ing, thinking, walking, breathing, orperforming manual tasks. You also mustbe able to do the job you want or werehired to do, with or without reasonableaccommodation.

What are my rightsunder the ADA?

The ADA protects you from discriminationin all employment practices, including: jobapplication procedures, hiring, firing, train-ing, pay, promotion, benefits, and leave.You also have a right to be free from harass-ment because of your disability, and anemployer may not fire or discipline you forasserting your rights under the ADA. Mostimportantly, you have a right to request areasonable accommodation for the hiringprocess and on the job.

A reasonable accommodation is any changeor adjustment to a job, the work environ-ment, or the way things usually are done thatwould allow you to apply for a job, performjob functions, or enjoy equal access tobenefits available to other individuals in theworkplace. There are many types of thingsthat may help people with disabilities worksuccessfully. Some of the most commontypes of accommodations include:

• physical changes, such as installing aramp or modifying a workspace orrestroom;

• sign language interpreters for peoplewho are deaf or readers for peoplewho are blind;

• providing a quieter workspace ormaking other changes to reducenoisy distractions for someone with amental disability;

• training and other written materialsin an accessible format, such as inBraille, on audio tape, or oncomputer disk;

• TTYs for use with telephones bypeople who are deaf, and hardwareand software that make computersaccessible to people with visionimpairments or who have difficultyusing their hands; and

• time off for someone who needstreatment for a disability.

If you think you might need an accommo-dation for the application process or on thejob, you have to request one. You mayrequest a reasonable accommodation at anytime during the application process or anytime before or after you start working.

How do I request areasonable accommodation?

You simply must let your employer knowthat you need an adjustment or changebecause of your disability. You do notneed to complete any special forms or usetechnical language to do this. For ex-ample, if you use a wheelchair and it doesnot fit under your desk at work, youshould tell your supervisor. This is arequest for a reasonable accommodation.A doctor’s note requesting time off due toa disability or stating that you can workwith certain restrictions is also a requestfor a reasonable accommodation.

Once you have made a request for areasonable accommodation, the employershould discuss available options with you.If you have a disability that is not obvious,the employer may request documentationfrom you demonstrating that you have adisability and explaining why you need areasonable accommodation. You and theemployer should work together todetermine an appropriate accommodation.

How do I know if I amprotected by the ADA?

What is a“reasonable accommodation”?

What should I doif I think I might need a

reasonable accommodation?

What happens after I makea request for a reasonable

accommodation?

Page 2: workta

A Guide

for

People with

Disabilities

Seeking

Employment

October 2000

Social SecurityAdministration

Equal EmploymentOpportunity Commission

U.S. Department of JusticeCivil Rights Division

What should I do if I think myADA rights have been violated?

You should contact the nearest office ofthe Equal Employment OpportunityCommission (EEOC). Someone will helpyou determine whether you should file acharge of discrimination. Charges may befiled with the EEOC in person, by mail, orby telephone.

There are strict time frames for filingcharges of employment discrimination.In most states, you have 300 days from thetime the alleged discrimination occurred tofile a charge, but in some states you mayhave only 180 days. The EEOC fieldoffice nearest you can tell you which timeperiod applies to you. However, youshould file a charge as soon as possibleafter you believe the discrimination oc-curred.

To contact the EEOC, look in your tele-phone directory under U.S. Government orcall 1-800-669-4000 (voice) or1-800-669-6820 (TTY).

No. There is no cost to file a charge.

Do I need a lawyerto file a charge?

No. You may file a charge on your ownwithout a lawyer, though some people dochoose to retain one. Your local barassociation may be able to help you locate alawyer, and many communities have organi-zations that can provide free legal servicesor legal services at a reduced rate to peoplewho qualify for them.

• First, the EEOC notifies youremployer that a charge has beenfiled.

• In some instances, the EEOC willsuggest mediation as a way ofresolving the charge. Mediation is aprocess by which an impartial partytries to help people resolve a dispute.Mediation is voluntary, free, andcompletely confidential.

• If a charge is not referred tomediation or if mediation isunsuccessful, and the EEOCdetermines that a violation has notoccurred, your charge will bedismissed and you will be sent aletter telling you that you may fileyour own lawsuit.

• If the EEOC concludes that you werediscriminated against, it will attemptto settle the claim informally. If thisis unsuccessful, the EEOC willdecide whether to bring a lawsuit orissue you a letter giving you the rightto file a lawsuit on your own.

For more information about work support,contact the Social Security Administrationat:

1-800-772-1213 (voice)1-800-325-0778 (TTY)www.ssa.gov/work

For more information about the ADA,contact the Equal Employment OpportunityCommission (EEOC) and the Department ofJustice (DOJ) at:

EEOC1-800-669-4000 (voice)1-800-669-6820 (TTY)

www.eeoc.gov

DOJ1-800-514-0301 (voice)1-800-514-0383 (TTY)

www.usdoj.gov/crt/ada

For free information about many types ofreasonable accommodations, contact theJob Accommodation Network at:

1-800-526-7234 (voice/TTY)http://janweb.icdi.wvu.edu/

Americans with Disabilities Act

Is there any costto file a charge?

Publication Number ADA-0001ICN 951750

What happens after I filea charge with the EEOC?