Human Resource Blog

ADA in Nebraska

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Do all employers receive ADA coverage in Nebraska?

Employers in the state of Nebraska should be aware of the Americans with Disabilities Act. This Act is a federal Act that helps to ensure that workers with disabilities will not be discriminated against in the workplace. Because it is a federal Act, it applies to many employers in states across the country, including employers in the state of Nebraska.

However, not all employers are covered by the ADA. In order for an employer to be covered by the ADA, the employer needs to have at least 15 employees. Also, the Act only protects workers with disabilities and job applicant with disabilities. Thus, employers will need to have workers or applicants with a physical or mental disability in order to be covered by the Act.

The ADA only protects disabled workers from discrimination that is based on their disability and not from any other form of discrimination. However, when an employee is protected by the Act, the employee needs to have a record of having some kind of disability. The disability needs to impair his or her ability to function normally in life. Both physical and mental disabilities qualify for ADA coverage as well.

An example of a qualifying mental disability could be depression or an addiction. A physical disability impacts the body and could be something such as a visual impairment. Employers must make all reasonable accommodations for employees with disabilities. Thus, if an employee has a visual impairment, the employer should provide the employee with a modified computer monitor, for example.

Employers covered by the ADA may not take the disability into consideration when making any employment-related decisions, such as a decision about hiring, compensation, training, promotion or termination. If an employee believes that he or she has been discriminated against for reasons based on his or her disability, the employer will need to provide proof that the decision was not based on the disability. CB