EEOC Prohibited Actions Adversely Limiting Opportunity

According to the EEOC, the purpose of this statutory provision is to prohibit employers ''from restricting the employment opportunities of qualified individuals with disabilities on the basis of stereotypes and myths about the individual's disability.'' Obviously, paying an employee with a disability less than a comparable employee without a disability doing the same job constitutes unlawful discrimination. The EEOC has enumerated the following additional types of actions that are prohibited as adversely affecting the job opportunities of individuals with disabilities: - Segregating qualified employees with disabilities into separate work areas; - Segregating employees with disabilities into separate lines of advancement; - Limiting the duties of an employee with a disability based on a presumption of what is best for that individual or on the presumption that the individual with a disability cannot perform certain types of duties; - Adopting a separate track of job promotion or progression for employees with disabilities based on a presumption that such employees are not interested in, or cannot perform, certain types of jobs; - Assigning or reassigning employees with disabilities to one particular office or job facility; or - Requiring that employees with disabilities use only certain employer-provided non-work facilities such as segregated break rooms, lunch rooms, or lounges.