Disability Discrimination and Accommodation
The Americans with Disabilities Act ("ADA") prohibits disability discrimination in employment. Arizona law offers similar protections under the Arizona Civil Rights Act ("ACRA"). These laws make it unlawful for an employer to discriminate against an employee with a disability when making decisions related to hiring, firing, promoting, training, compensating, or other terms and conditions of employment.
Additionally, employers must provide reasonable accommodations to allow disabled individuals to perform their job duties. In some cases this includes flexible hours, remote work, or unpaid leave, depending on the "essential functions" of your position and the impact on the employer's business operations.
An employer cannot retaliate against an employee for disclosing a disability, requesting an accommodation, or taking leave as an accommodation.
The ADA also prohibits requiring employees to undergo medical examinations or answer questions that are likely to reveal whether they have disabilities unless the employer can show the examinations or inquiries are job-related and consistent with business necessity.
Under the ADA, an employer's ability to make disability-related inquiries or require medical examinations is analyzed in three stages: pre-offer, post-offer, and employment. At the first stage (prior to an offer of employment), the ADA prohibits all disability-related inquiries and medical examinations, even if they are related to the job. At the second stage (after an applicant is given a conditional job offer, but before starting work), an employer may make disability-related inquiries and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category. At the third stage (after employment begins), an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity.
The ADA requires employers to treat any medical information obtained from a disability-related inquiry or medical examination (including medical information from voluntary health or wellness programs), as well as any medical information voluntarily disclosed by an employee, as a confidential medical record. Employers may share such information only in limited circumstances with supervisors, managers, first aid and safety personnel, and government officials investigating compliance with the ADA
Finally, the ADA also prohibits retaliating against employees for opposing such practices and interfering with employees’ exercise and enjoyment of ADA rights, including the right to be free from illegal medical examinations and disability-related inquiries.