Laws

• Job discrimination due to a pre-existing health condition is prohibited under the Americans with Disabilities Act of 1990, provided that the health condition does not impair the worker's ability to perform the basic duties of the position.
  
  

Scope of Employers

• The Americans with Disabilities Act of 1990 protects workers employed by government agencies and private companies that have at least 15 workers.
  
  

Practices

• It is illegal to discriminate against workers with pre-existing health conditions during the process of hiring, recruiting and firing. Employers are also barred from discriminating against disabled workers when making decisions on promotions, pay raises and access to facilities.
  
  

Reasonable Accommodations

• Under the law, employers must provide reasonable workplace accommodations to workers with pre-existing health conditions.
  
  

Filing a Complaint

• If your employer discriminates against you based on your pre-existing health condition, you will generally have up to 300 days to file a complaint with the U.S. Equal Employment Opportunity Commission.