The Americans with Disability Act was a landmark law that granted protections for disabled Americans to access work, stores and many other activities that other people take for granted. Specifically, the ADA mandates that employers give equal opportunity for disabled Americans in hiring, promotions, retentions and all other aspects related to employment. It does not, however, force employers to hire unqualified people for a job. This article will address some of those myths and how they may apply to you.
If you are disabled, the first thing you need to note is that you are not given special treatment. The ADA is intended to level the playing field, not give disabled Americans a leg-up. With that in mind, employers are free to hire and fire as they see fit. That means if a job comes down to you and one other person, the hiring manager can pick either one of you. If the other person is a faster typist, then that is a perfectly valid decision. The only prohibition is that those decisions cannot be based upon your disability.
It may seem like a fine line, how can you tell when a decision is made discriminatorily and not? This is a evidentiary and legal question that may be best resolved by speaking with a lawyer. But, preliminarily, it will come down to what your boss said, conduct toward you and other similar situations.
If you were discriminated against by your employer or colleagues due to a disability then you may want to speak to an attorney, you could have a valid employment claim. As illustrated above, you are entitled to work in a safe environment. You are also entitled to reasonable accommodations, if necessary. Do not let someone else trample over your rights.