The disadvantageous treatment given to qualified employees or job seekers due to their disabilities is disability discrimination.
It is also disability discrimination for employers or other entities that apply the law to give disadvantageous treatment to job seekers or employees because they have a history of disability (such as having suffered from severe depression), or because they believe that he/she has non temporary (lasting or expected to last less than six months) and minor physical or mental injuries (even if he or she does not have such injuries).
Employers are required to provide reasonable facilities to disabled employees or job seekers, unless doing so would cause great difficulty or expense to the employer.
The law also protects people from discrimination because of their relationship with persons with disabilities (even if they do not have disabilities themselves). For example, it is illegal to discriminate against an employee because her husband has a disability.
Disability discrimination and work situation
The law prohibits discrimination in any aspect of employment, including employment, dismissal, wages, job assignments, promotions, layoffs, training, fringe benefits and any other terms or conditions of employment.
Disability Discrimination and Harassment
It is illegal to harass a jobseeker or employee because he or she has a disability, has ever had a disability, or believes that he or she has non temporary (lasting or expected to last less than six months) and minor physical or mental injuries (even if he or she does not have such injuries).
Harassment includes offensive remarks about a person's disability. Although the law does not prohibit simple ridicule, random comments or isolated incidents that are not too serious, harassment is illegal if it is frequent or serious, causing hostility or aggression in the work environment, or leading to adverse employment decisions (such as the victim's dismissal or demotion).
The harasser can be the victim's supervisor, other supervisors, colleagues or people who are not employees of the employer, such as clients or customers.
Disability Discrimination and Reasonable Accommodation
Reasonable conveniences refer to making some changes to the workplace (or regular working methods) to help disabled people apply for work, perform work duties, or enjoy work benefits and privileges.
For example, providing access for wheelchair users, or providing readers or translators for the blind or hearing impaired are reasonable conveniences.
Disability Discrimination, Reasonable Conveniences and Too Much Difficulty
If providing convenience would cause too much difficulty for the employer, the employer need not do so.
Too much difficulty means that it is too difficult or expensive to provide conveniences in view of the size of the employer, financial resources and the needs of the enterprise. The Employer shall not refuse to provide facilities simply because it costs some money to do so. Employers do not have to provide any conveniences that employees or job seekers want. If more than one convenience can meet the demand, the employer can choose which one to provide.
Definition of Disability
Not everyone with health problems can be protected against discrimination. In order to be protected, a person must be qualified for a job and have a disability as prescribed by law.
A person can prove that he or she has a disability in one of the following three ways:
If a person has a certain physical or mental condition that severely restricts a major life activity (such as walking, talking, watching, listening, learning, or the operation of major physical functions), he or she is disabled.
If a person has a history of disability (such as cancer in remission), he or she is disabled.
If a person suffers from adverse employment behavior and is considered to have non temporary (lasting or expected to last less than six months) and minor physical or mental injury (even if he or she does not have such injury), he or she is disabled.
Disability Related Issues and Physical Examination During Job Search and Interview
Employers are severely restricted by law in requiring job seekers to answer disability related questions, participate in medical examinations or confirm their disabilities.
For example, employers may not extend job opportunities by requiring job seekers to answer disability related questions or undergo medical examinations. Employers should also not ask whether a jobseeker has a disability (or the nature of an apparent disability). Employers can ask job seekers whether they are competent for the job, with or without reasonable facilities, and how they will perform the job.
Disability Related Issues and Medical Examination after Providing Job Opportunities
The law allows employers to provide job seekers with jobs, and the conditions for them to enter the work are that they answer certain disability related questions or successfully pass the medical examination, provided that all new employees of the same type of work must answer questions or take part in the medical examination.
Disability Related Issues and Physical Examination for Employees Who Have Started Work
After the employee is employed and starts to work, if the employer needs medical documents to support the employee's request for convenience, or if the employer believes that the employee cannot successfully or safely complete the work due to his/her health, the employer usually can only ask questions related to disability or request medical examination.
The law also requires employers to keep all medical records and information confidential and to keep them in separate medical records.