Unions and ADA

Employers are not the only entities that have obligations under the Americans with Disabilities Act. The statute also applies to labor unions and other labor organizations. As an ADA covered entity, labor unions have a duty not to discriminate against qualified individuals with disabilities. In construing the extent of this obligation, the courts have recognized that individuals with disabilities may pursue ADA claims for discrimination against unions based upon (1) the acquiescence in, or ratification of, an employer's discriminatory practice, (2) the breach of the duty of fair representation, or (3) retaliation against a disabled union member for exercising his or her rights under the statute.