The Americans with Disabilities Act (ADA) prohibits disability discrimination. In the workplace, employers cannot discriminate against a qualified individual with a disability. Reasonable accommodation by employers is required absent undue hardship. In light of the recent ADA amendments, employers should have forms, policies, and procedures for handling reasonable accommodation requests. New ADA regulations are likely to increase the requests for reasonable accommodation by employers. The new ADA regulations will be final in early 2010.
The Genetic Information Nondiscrimination Act (GINA) takes effect November 21, 2009 and prohibits genetic information discrimination against employees or job applicants.
Some states, such as California and Massachusetts have broader disability discrimination laws. Many states, including Texas, have laws that mirror the ADA amendments. Most states have laws prohibiting disability discrimination and genetic information discrimination in the workplace.