Minnesota Council On Disability

Your Policy, Training and Technical Resource

Know Your Rights as an Employee

Introduction

This resource is designed to help employees with disabilities understand their rights and access the legal resources they need when facing workplace discrimination.

Key Terms

Qualified Job Seeker or Employee: A person with the skills, education, and experience needed for a job and who can perform essential job duties with or without accommodations.

Essential Functions: Major job duties that must be performed, with or without reasonable accommodations.

Reasonable Accommodations: Changes to the job or workplace that help a person with a disability do their job. Examples include making workplaces accessible, adjusting work schedules, and providing interpreters.

Undue Hardship: When providing an accommodation is too difficult or expensive for the employer.

Discrimination: Unfair treatment because of a disability, such as being denied job opportunities or being treated differently from other employees.

Your Rights

Title I of the Americans with Disabilities Act (ADA) protects employees with disabilities from discrimination in workplaces with 15 or more employees. Employers must provide reasonable accommodations and cannot ask certain questions about a disability before a job offer.

The ADA also requires workplaces to be physically accessible. In Minnesota, these technical accessibility standards are found in the Building Code. MCD can assist you in understanding these standards and explain what needs to be done and when.

The Minnesota Human Rights Act (MHRA) protects employees and applicants with disabilities from discrimination in workplaces with one or more employees. Employers must provide reasonable accommodations, and the law applies to a broader range of employers than the ADA. Unlike the ADA, the MHRA applies to employers regardless of size.

Requesting Reasonable Accommodations

Identify Your Needs

The first step is to identify your needs. Determine what accommodations you need to perform your job duties. Examples include:

  • Making workplaces accessible (e.g., ramps, wider doorways)
  • Providing assistive technology (e.g., screen readers, voice recognition software)
  • Modifying work schedules (e.g., flexible hours, telecommuting)
  • Adjusting job duties (e.g., reassigning non-essential tasks)
  • Providing interpreters or readers

Start the Process

The second step is to start the process. You can request accommodations verbally or in writing. It’s helpful to keep a record of your request.

  • Example Verbal Request: “I need a special keyboard to help me perform my job duties due to my disability.”
  • Example Written Request: “I am requesting a special keyboard as a reasonable accommodation under the ADA to perform my essential job duties.”

Communicate with Your Employer

The third step is to communicate with your employer. Discuss your needs with your supervisor or human resources department.

  • Engage in an interactive process, an ongoing dialogue, with your employer to identify and implement appropriate accommodations.
  • Review job duties with your employer to determine which tasks are essential and how accommodations can enable you to perform them.
  • You may need to provide documentation from a medical professional explaining your disability and the need for accommodation.

A Note on Confidentiality

  • You are not required to disclose your disability, but any information you share should remain confidential.
  • Employers can only share information about your accommodations with those who need to know to provide the accommodation.

Making a Discrimination Claim

If you believe you have been discriminated against because of your disability, here is what you must do to make a claim.

Keep Records

Document incidents of discrimination, including:

  • Dates
  • Times
  • Locations
  • Descriptions of what happened

Save copies of any communication related to your discrimination claim or accommodation requests.

File a Complaint

You can file a discrimination claim with the following agencies.

Minnesota Department of Human Rights (MDHR): You can file a complaint online or by contacting their office. An investigator will guide you through the process.

U.S. Equal Employment Opportunity Commission (EEOC): Complaints can be filed online, by mail, or in person at an EEOC office. There are strict time limits for filing a complaint, usually within 180 days of the discriminatory act.

U.S. Department of Justice Civil Rights Division: You can file an ADA complaint online, by mail, or by fax. They provide education and enforcement for ADA violations.

Participate in the Investigation

After filing a complaint, an investigator will review your case. They may contact you for more information or ask for additional documentation. They will also contact your employer to get their side of the story.

Look for a Resolution

The goal is to resolve the issue through negotiation or mediation. If a resolution is not possible, your case may go to court for a final decision.

More Legal Resources

Several legal resources are available to ensure people with disabilities can defend their rights.

Minnesota Council on Disability: Provides disability advocacy and technical assistance.

Minnesota Disability Law Center: Offers free legal help for people with disabilities.

Minnesota Department of Human Rights: Enforces civil rights laws.

U.S. Equal Employment Opportunity Commission: Enforces federal civil rights laws.

Great Lakes ADA Center: Provides ADA information and training.

ADA Minnesota: Offers ADA education and compliance assistance.

  • Web: ADA Minnesota
  • Phone: 651-603-2015 or 1-888-630-9793
  • MN Relay: 711

U.S. Department of Justice Civil Rights Division: Educates on the ADA and enforces civil rights laws.

Page last updated: June 12, 2024