What laws protect me, as a person with a disability, from being discriminated against when I try to get a job, or after I have a job?

There are both federal and state laws protecting persons with disabilities from employment discrimination.  This is an overview of your rights under these laws.  It is not a substitute for legal advice.  If you feel you have been discriminated against because of a disability, and you and your employer have not been able to solve the problem, talk with a lawyer as soon as possible.  There are time limits to file a claim or lawsuit. 

Louisiana's law on employment discrimination against people with disabilities is found in a statute, LSA-R.S. 23:323.  It only applies to employers with 20 or more employees.  The law does not require an employer to hire an applicant with a disability over a better-qualified non-disabled applicant.  Instead, the law makes it illegal to discriminate against a person because of his or her disability.  This law protects people who are:

• Disabled.  This means a person who has a physical or mental impairment that substantially limits 1 or more major life activity, or has a record of this kind of impairment, or who is regarded as having this kind of impairment.

         and

• Otherwise qualified.  This means a disabled person who, with reasonable accommodation, can perform the essential ("core" or necessary) functions of the employment position.

        Reasonable accommodation is a change or modification that lets a qualified disabled person perform in the position.  Some examples are:  wheelchair ramps, a TDD for a hearing-impaired person, or changing job duties that are not essential.  But an employer is not required to make an accommodation that would create an undue hardship.  An example of an undue hardship is an unreasonable cost to the employer.  But what is an undue hardship depends on each situation, and you have to look at all the facts, including:

• the employee
• the employee's disability
• the essential job duties and
• the working environment

There are several federal laws that can help a disabled person fight employment discrimination.  These include:

I.  Section 503 of the Rehabilitation Act requires an employer who has a contract or subcontract with the federal government for $10,000 or more to take "affirmative action" to employ "qualified handicapped" persons. 

• Affirmative action does not mean meeting quotas.  It means that an employer cannot discriminate against an employee or job applicant because of a physical or mental disability, and that an employer has to take steps to make sure that handicapped persons are treated fairly in all employment practices, including hiring, transfer, demotion, recruitment, layoff or termination, and pay.
• Qualified handicapped person is one who has a physical or mental impairment that substantially limits 1 or more major life activities, has a record of this kind of impairment, or is regarded as having one.
• File a complaint with the U.S. Department of Labor, Office of Federal Contract Compliance Programs, 1555 Poydras Street, Suite 1900, New Orleans, LA 70112,  Tel. 800-669-4000.  You can't file a lawsuit under this law.

II.  Section 504 of the Rehabilitation Act makes illegal discrimination against otherwise qualified handicapped persons in any program or activity that gets federal money.  The law:

• Requires an employer to make "reasonable accommodation" for an "otherwise qualified" disabled person.  
• Makes illegal any job test or other way of hiring that tends to screen out people with disabilities.  
• Allows you to file a lawsuit, but you can also file a complaint with the civil rights department of the office that made the federal grant to the employer.  That civil rights department can investigate, demand the employer make changes, and deny more federal money if it is not satisfied with what the employer does.  

III.  ADA ("Americans with Disabilities Act") in many ways is like Section 504 and Louisiana's law.  It also makes illegal employment discrimination against qualified persons with disabilities.  It also makes employers give "reasonable accommodation" unless there is "undue hardship."  But the ADA als

• Covers more employers.  All employers with 15 or more employees, employment agencies, labor organizations.  Employers don't have to get federal money to be covered by the law.
• Makes illegal pre-employment tests or medical examinations trying to find disabilities, and makes it illegal for an employer to ask you if you have a disability.  Employers can ask you if you are able to perform an essential job function.  Employers can make you take an illegal drug test, but not to find out if you are on any prescribed medication.  Employers can also make you take a medical examination, but only if:

             a)  You've been offered the job

             b)  The medical examination is necessary to the job

             c)  All employees have to take the examination

File a complaint with the Equal Employment Opportunity Commission (EEOC), 1555 Poydras Street, Suite 1900, New Orleans, LA 70112.  Tel. 800-669-4000.  There are time limits.  You should file within 180 days of the act of discrimination.  The EEOC has 180 days to investigate your complaint and either sue the employer for you, or send you a "right to sue" letter.  If you get a "right to sue" letter, you have only 90 days to file a lawsuit.  If you win your case, you might be able to get hired or reinstated, get back pay and benefits, and have your costs and reasonable attorney's fees and paid for.