Employment Discrimination Laws

Law-In-Brief: Employment #1

Date:  September 17, 2002

Prepared by:  Elizabeth Baldwin (2002); Beth Stevens (2000)

What are the federal laws that prohibit job discrimination against people with disabilities?

(1)   The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities in private businesses and in state and local governments. 

(2)   Sections 501 and 505 of the Rehabilitation Act of 1973 prohibit discrimination against qualified individuals with disabilities who work in the federal government. 

Both the ADA and the Rehabilitation Act are valuable tools in protecting people with disabilities from employment discrimination.  This FYI focuses on the ADA and local and state anti-discrimination laws.  For information about the federal sector and the Rehabilitation Act, see the Equal Employment Opportunity Commission (EEOC) website at http://www.eeoc.gov, or call them at 1-800-669-EEOC.

Who is protected from employment discrimination under the Americans with Disabilities Act (ADA)?

Anyone who has a “disability” as defined by the ADA is protected from employment discrimination in private businesses with 15 or more employees.

Does the ADA apply to federal government employees? 

No.  However, the Rehabilitation Act does (see above). 

How does the ADA define persons with disabilities?

The ADA defines a “disabled” person as an individual who has: (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (b) a record of such impairment; or who are (c) regarded as having such impairment. 

Does Washington state have a law against employment discrimination?

Yes.  In some ways, it provides more protections against discrimination than the ADA. 

Who is protected from employment discrimination under the Washington law against discrimination?

Anyone who has an “abnormal condition” who experiences discrimination because of that condition will be considered disabled under the Washington law against discrimination.  This is a less specific definition than the one given by the ADA.  Thus, it may be that you have a disability recognized by Washington law, and not by the ADA. 

In addition, the Washington law against discrimination applies to employers with eight or more employees.  As a result, it applies to some employers who are not covered by the ADA. 

Are there other laws governing employment discrimination?

Yes.  Many cities and counties have passed statutes and ordinances outlawing discrimination in employment.  Sometimes these laws award additional protection against discrimination.  For instance, some state and city laws cover “temporary” disabilities, whereas the ADA does not. 

To find out if your city or county has an ordinance prohibiting employment discrimination, contact your city or county.  You can find phone numbers for your city and county offices in the front of your city telephone directory. 

How do I know if the ADA law applies to me?

Just because you have a physical or mental impairment does not mean you are “disabled” according to the ADA.  It will not be enough that you can state which disability you have.

Instead, you must have documentation, or be able to describe or show the ways in which, in your experience, your disability substantially limits one or more of your life’s major activities. 

What is a “major life activity?”

A major life activity is described as an activity that is of central importance to a person’s daily life.  Some of the major life activities recognized by the ADA include:

1) caring for yourself; 2) walking; 3) hearing; 4) breathing; 5) performing manual tasks; 6) seeing; 7) speaking; and 8) learning.  Working can also be a major life activity, but only under certain circumstances.  We’ll talk more about that in a minute. 

Are you saying that if my disability makes it hard for me to perform one of these “major life activities”, then the ADA applies to me?

That’s the general idea.  A person who has a condition that significantly slows, stops or hinders his or her ability to perform a task that s/he would normally perform in daily life may be considered “disabled” under the ADA. 

It’s not quite as simple as that, however.  There are a lot of different factors that determine if you are protected by the ADA.  It depends on what your impairment is like, how long you have had the impairment, and how long you are expected to continue having the impairment. 

You said that “working” is only considered a major life activity some of the time.  Why is that?

The courts have decided that in order to be covered by the ADA, a person’s impairment must significantly restrict that person from performing a broad range of jobs.  It is not enough to have difficulty doing one task at one job.  The person must have difficulty performing types of tasks that the average person - having comparable training, skills and abilities - would be able to do. 

What kinds of actions are prohibited under the ADA and Washington’s law against discrimination?

The ADA and the Washington law prohibit discrimination in all terms, conditions and privileges of employment.  This includes recruitment and promotion, hiring practices, the accessibility of bathrooms and other facilities at your place of employment, and fringe benefits like health insurance.

Where can I find more information on employment discrimination?

You can call or write the following organizations for more information:

To obtain this information in an alternate format, please contact the Commission's ADA Coordinator in the Seattle Office.