Federal laws have helped level the playing field for workers with arthritis and other conditions. The Americans with Disabilities Act of 1990 (ADA) and its predecessor, the Rehabilitation Act of 1973, provide important protections to workers. In addition, the Family and Medical Leave Act requires employers with 50 or more workers to give their employees up to 12 weeks of unpaid leave. You can take this leave to care for yourself or a family member. Your state may have additional laws that protect people with disabilities from job discrimination. 

If I have arthritis, am I covered under the ADA? 

It depends on your particular condition. According to the ADA, you have a disability if you have a physical or mental impairment that significantly limits or restricts a major life activity. A "major life activity" includes hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for yourself, learning or working. You may need to provide a letter from your doctor if your employer questions the extent of your disability. In addition, to be protected by the ADA, you must be qualified to perform the job, with or without reasonable accommodation. For example, if you apply for a job as an accountant, you must have the accounting skills required, although you might need a modification to your desk or computer.

How can the ADA help me?

The ADA bans discrimination on the job against people with disabilities. At the same time, it protects employers from having to make changes that are unreasonable or very expensive. Companies with 15 or fewer employees do not have to comply with ADA regulations. 

One way the ADA protects you is by specifying what an employer can and cannot ask about your condition during a job interview or after you are hired. The following guidelines are explained in the ADA:

• An employer cannot ask if you have a disability or how severe it is.
   
• If accommodations are needed, the employer cannot pay you less to cover the cost or ask you to pay for them. If providing the accommodation would be an undue hardship for the employer, the employer must give you the choice of providing it yourself or paying for a share of it.
   
• The employer cannot ask you to have a medical examination before offering you the job. After offering you the job, the employer can ask you to have a medical exam if all employees in that position are required to do so. Your medical records must be kept confidential.
   
• An employer must offer you the same health insurance benefits offered to other employees, but is not required to offer you extra benefits to cover your particular medical condition. 
   
• An employer can ask if you are able to perform the essential duties of the job.
   
• If you have an obvious disability that appears to interfere with performing job tasks, the employer can ask you to describe or demonstrate how you would perform the tasks and whether you need a modification (an accommodation) to help you do them.

©2001. National Endowment for Financial Education. All rights reserved.

Note: Certain content areas in this material are current as of the publishing, but legislative and regulatory changes as well as new developments may date this material over time. This content is meant to provide general financial information; it is not meant to be a substitute for or to supersede specific professional or legal advice.