Under the Americans with Disabilities Act or ADA, employers whether private, state and local governments so long as they have 15 or more employees are prohibited from discriminating against qualified individuals with disabilities.

The protection given to qualified disabled employees by this federal law extend to job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Target, the fifth largest retailer in the United States is now currently facing charges from the Equal Employment Opportunity Commission for allegedly denying a disabled Orange County employee equal rights in one of its store.

Jeremy Schott from Orange County was a part-time employee at Target’s Foothill Ranch store. He was diagnosed with Cerebral Palsy and the store had allegedly reduced Schott’s work hours because of his medical condition.

Likewise, the EEOC claimed that Target didn’t notify Schott’s job coach and parents of any “in-person” meetings involving work issues, and that Schott had to attend the meetings alone despite repeated requests to include job coaches and parents at the meetings. Because of his condition, Schott “could not effectively communicate with others without the assistance of a job coach”.

Anna Park, an EEOC regional attorney said that despite Schott’s cerebral palsy, he was still considered as a qualified employee and was motivated to work but Target denied him his right to an equal opportunity to succeed in the workplace.

Disabled employees have the same rights as ordinary employees do, but because of employers who try to take advantage of their condition, the ADA has specifically provided for certain employment protection for impaired employees.

Under the ADA, an employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business.

Excluding Jeremy Schott’s parents and job coach in the meetings over work issues is not justifiable at all. Given that Schott’s condition impairs his ability to properly communicate, the attendance of his parents and job coach would be a reasonable accommodation especially if they want to be fair to their employee.

But Target, without even granting that reasonable accommodation arbitrarily reduced Schott’s work hours. They didn’t even consider job restructuring or reassignment.

While an employer is not required to lower quality or production standards to make an accommodation, the law provides that he give a reasonable accommodation at the very least, to enable these disabled individuals a chance to become productive citizens.