What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in all employment areas, including job applications, hiring decisions, promotion opportunities, and employee compensation and benefits. In Maryland, the state version of the ADA is the Maryland Fair Employment Practices Act (FEP). The FEP prohibits employers from discriminating against people on the basis of their race, color, religion, age, sex, marital status, sexual orientation, gender identity, or disability. The ADA specifically protects those with disabilities from discrimination in employment by requiring employers to provide reasonable accommodations to help employees who need them. Accommodations may include making the workplace accessible to people with disabilities, making job duties or tasks easier to perform, or providing assistive or alternate devices. For example, an employer might provide a wheelchair-accessible workstation or an alternate device for an employee who is hearing-impaired. The ADA also prohibits employers from asking job applicants about any disabilities they may have, which is called pre-employment disability-related questioning. In addition, employers cannot ask applicants questions that it would be impossible for an individual with a disability to answer or that require applicants to answer questions about the causes or symptoms of their disability. Finally, the ADA protects employees from retaliation if they inquire about or assert their rights under the ADA. This means an employer cannot take negative action against an employee (such as demotion or termination) because they questioned discriminatory practices or requested a reasonable accommodation.
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