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Beyond the ADA: Exploring DC’s disability protections

On Behalf of | Aug 28, 2024 | Workplace Discrimination |

Imagine showing up to work, excited to tackle the day’s tasks, only to face barriers that prevent you from doing your job. For many people in Washington D.C., this is a harsh reality. Disability discrimination is a serious problem that can leave workers feeling isolated, undervalued and unsure about their rights. But there is hope – local laws offer can even more thorough protections.

The ADA: A national standard

The Americans with Disabilities Act (ADA) is a crucial federal law that helps protect individuals with disabilities from employment discrimination. It requires employers to provide reasonable accommodations so that employees with disabilities can perform their jobs effectively. However, the ADA has its limits. For example, it only applies to employers with 15 or more employees, and its definition of “disability” can be quite narrow.

DC’s Human Rights Act: Offering broader protections

The Washington D.C. Human Rights Act (DCHRA) steps in to offer even more extensive protections. Unlike the ADA, the DCHRA covers all private sector employers, no matter their size, and D.C. government employees.  The DCHRA has a broader definition of “disability.” This means that more people may qualify for protections under the DCHRA.

Key differences in reasonable accommodations

One major difference between the ADA and the DCHRA is how they approach reasonable accommodations. Under the ADA, employers must provide accommodations unless they can prove that it would cause “undue hardship.” For example, a small business with limited resources might find it difficult to install an expensive elevator.

In contrast, the DCHRA emphasizes the interactive process between the employer and employee to find the most effective adjustments. For instance, if an employee with mobility issues needs assistance, they can collaborate with their employer to find a workable solution. This might involve moving their workstation to a more accessible area or providing a portable ramp until a more permanent solution can be put in place.

Understanding your rights

If you are facing disability discrimination or need accommodations, it is crucial to know that you may have more options than you might think. Do not hesitate to explore these options and seek guidance. An experienced employment law attorney can help you break down barriers, stand up for your rights and unlock your full potential.

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