Human Resource Blog

ADA in West Virginia

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Does the ADA apply to all employers in West Virginia?

The Americans with Disabilities Act is a federal Act that could potentially apply to many employers in West Virginia. However, the Act does not apply to all employers in West Virginia. When an employee has a record of having a particular disability, the employer cannot discriminate against the employee during any employment-related period.

Examples of employment-related periods in which an employer cannot discriminate against a covered employee might include periods of hiring, termination, staffing, compensation, promotion, or otherwise.

Many employees are covered by the Act. However, in order to be covered, the employee not only needs to work for a covered employer, but the employee needs to have a record of having a particular disability. Both mental and physical disabilities could qualify for coverage.

An example of a covered mental disability could be depression or an anxiety disorder. A covered physical disability might be a missing limb or a visual impairment. When an employee is covered by the Act, the employer might needs to make special accommodations for employees that have these disabilities. For example, if an employee is in a wheelchair, the employer might have to provide the employee with a modified work station so that the employee can reach his or her desk.

Many types of employers will be covered by the Act. However, in order to receive coverage, the employer needs to have at least 15 employees working for at least a year for the company.

Once an employer is covered, the employer must not take the disability into account for current employees or job applicants. The Act does not protect customers or clients from discrimination. Also, the Act only protects individuals from discrimination that is directly related to the disability and not from discrimination on other grounds, such as age or race. CB