Under the ADA as amended effective January 1, 2009, applicants and employees are protected if an employer treats them differently or harasses them based on an actual or perceived impairment that is not transitory and minor.Such individuals need not have an impairment that substantially limits a major life activity, or that is perceived to do so, in order to be protected from disparate treatment or harassment under the ADA.For example: A private sector or state or local government applicant or employee who believes that his or her Title VII or ADA employment rights have been violated and wants to make a claim against an employer must file a "charge of discrimination" with the EEOC.For a detailed description of the EEOC charge process, including instructions for filing a charge, refer to the EEOC website at gov/employees/or call 1-800-669-4000/ 1-800-669-6820 (TTY).
An impairment does not need to result in a high degree of functional limitation in order to be "substantially limiting." A reasonable accommodation is a change in the workplace or in the way things are usually done that an individual needs because of a disability and may include time off for treatment, modified work schedules, and reassignment to a vacant position.
An employer is liable for harassment by a co-worker or by a third party over whom the employer has control if the employer knew or should have known of the conduct, unless it can show that it took prompt and appropriate corrective action upon learning of the harassment.
For more information, see  The ADA prohibits discrimination based on an actual, history of, or perceived disability, including disparate treatment or harassment.
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