Human Resource Blog

North Carolina ADA

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Should employers in North Carolina know about the ADA?

Employers in North Carolina should certainly be aware of the Americans With Disabilities Act. This Act is a federal Act that is administered by the federal government. However, because it is a federal Act, it potentially applies to employees and employers in states across the country, including in the state of North Carolina.

The Act prohibits employers from discriminating against employees for reasons that are directly based on a disability that the employee might have. Many types of disabilities qualify for coverage, including physical and mental disabilities. However, in order for an employee to ensure that he or she receives coverage under the Act, the employee should have a record of having the disability, such as proof from a doctor.

An example of a mental disability could be depression or an anxiety disorder. A physical disability could be a missing limb or a visual impairment. When the employee has a disability, the employer should make every effort to accommodate the disability. The employer should not take this additional cost into account when deciding whether or not to employ or promote a worker with a disability.

For example, if an employee is in a wheelchair and requires a lower work station, the employer should provide the employee with a lower work station without charging the employee for the additional expense.

If two individuals are up for the same position and one employee has a disability and the other does not, the employer needs to regard both employees equally and may be required to prove the reasoning behind his or her actions.

Employers may not discriminate against workers with a disability for reasons that are directly based on that disability according to the Act. However, the Act does not protect workers from discrimination from other factors. Also, the Act protects current employees as well as job applications. The Act does not protect clients or customers of the employer. CB