There are over 50 diseases and disorders associated with orthopedic impairments. There are three types of orthopedic impairments: neuromotor impairments, those involving the central nervous system, including spina bifida, cerebral palsy and spinal cord injuries; musculoskeletal disorders, involving defects of disease of the bone and muscle; and degenerative diseases, affecting motor movement, such as muscular dystrophy. Causes of orthopedic impairment range and include genetic abnormalities, birth trauma, disease, injury, amputation, and contractures from burns. Well-known conditions include spina bifida, scoliosis, cerebral palsy, and muscular dystrophy. Spina bifida is characterized by a cleft spine or incomplete closure of the spinal cord, with varying levels of severity. Scoliosis is characterized by a side to side curvature of the spine greater than ten degrees. For a complete discussion of cerebral palsy and muscular dystrophy, please click the links provided. Treatments for orthopedic impairments include surgery, braces, prosthetics, or orthopedic devices. A “disability” under the Americans with Disabilities Act (ADA) is a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairments; or being regarded as having such an impairment. As many orthopedic impairments substantially limit a major life activity, persons with these forms of orthopedic impairments are entitled to protection against discrimination.
Unfortunately, individuals with a physical disability often face unfettered discrimination in the hiring process and at work. Too often, career aspirations of individuals with physical disabilities are frustrated by prejudice in the workplace. Persons with orthopedic impairments, who have the same skills and qualifications as their peers are passed over for job, or promotions. Often, individuals with disabilities have the ability to be contributing members of the workforce with reasonable accommodations; accommodations an employer is required to provide. However, sometimes employers are afraid of the potential cost of accommodations, see them as being unreasonable, or are concerned about continued illness that prevents them from hiring or retaining individuals with physical disabilities. Because of this prejudice and discrimination encountered in the workforce, it is important for individuals with orthopedic impairments to know their rights. Employers are not permitted to ask about medical conditions, use of medication, or treatments and therapies during the application process, and cannot require a medical examination as part of the application process. However, employers are permitted to conduct non-medical testing to ensure that the applicant is capable of performing the essential functions of the position applied for. Additionally, employers are permitted to ask the applicant if he or she will need accommodations to complete the application process, and can require post-offer medical examinations if required for all employees. Discriminatory conduct occurs when employers ask about an applicant’s physical disabilities during the hiring process not as it relates to the essential functions of the position. Discrimination can also occur once an employee is hired such as dismissal, change in responsibility or position, demotion, or continued failure to promote. Similarly, the creation of a hostile work environment by an employer in an effort to make an employee quit is also prohibited discriminatory conduct, when it is done due to employee’s disability.
As mentioned above, persons on Long Island, in either Nassau or Suffolk counties who have an orthopedic impairment are within a protected class under the ADA. This protection means that if you are qualified to perform the essential functions of your job, but have still experienced adverse employment action, you should seek representation from a New York disability lawyer.
FAQs
These can be divided into three main areas: neuromotor impairments, degenerative diseases, and musculoskeletal disorders. The specific characteristics of an individual who has an orthopedic impairment will depend on the specific disease and its severity, as well as additional individual factors.
What is the disability discrimination law in NY? ›
Employers are prohibited from: refusing to hire, interview, promote or terminate on account of disability; diminishing compensation or conditions of employment on account of disability; or refusing to provide a reasonable accommodation to an employee with a disability.
What are the characteristics of orthopedic impairment? ›
The referral characteristics for the student with an orthopedic impairment (OI) fall more into the area of physical characteristics. These may include paralysis, unsteady gait, poor muscle control, loss of limb, etc. An orthopedic impairment may also impede speech production and the expressive language of the child.
How common is orthopedic impairment? ›
Orthopedic impairments were again the most common form of impairment contributing to work limitations; more than 5.2 million cases of orthopedic impairment were cited, which represents 16.8 percent of all conditions affecting work capacity.
How is someone diagnosed with orthopedic impairment? ›
Most of these tests rely on proven technology, such as X-ray, MRI, ultrasound and computed tomography. Other tests, such as flexibility tests, stress tests, muscle tests and gait analysis, may be used to assess range of motion or identify abnormalities in skeletal alignment or muscle function.
What parts of the body are affected by orthopedic impairments? ›
Orthopedic impairments are described as injuries or disorders of the skeletal system and the associated muscles, joints, and ligaments.
What is the New York City disability law? ›
The New York City Human Rights Law prohibits discrimination based on a person's disability and promotes independent and equal access for people with disabilities who live in, work in, or visit New York City. The Law protects people with disabilities from discrimination at work, in their homes, and in public spaces.
What is an example of disability discrimination? ›
An employer disciplines a woman because she has had to take time off to care for her disabled child. He has not disciplined other workers who have had similar amounts of time off work. This would be counted as direct disability discrimination.
Can you be fired while on disability in NY? ›
Under New York law, you cannot be terminated from your job if you were lawfully taking time off through the FMLA program. Some employers discriminate against those who are disabled, so if you believe this is the case with you, seek legal help.
What are the orthopedic impairment problems? ›
Orthopedic impairment refers to a physical disability that negatively impacts a child's academic performance. The impairment can be congenital, such as spina bifida, or acquired after birth, for example, caused by a disease or an injury.
Impairment in a person's body structure or function, or mental functioning; examples of impairments include loss of a limb, loss of vision or memory loss. Activity limitation, such as difficulty seeing, hearing, walking, or problem solving.
What makes an impairment a disability? ›
As traditionally used, impairment refers to a problem with a structure or organ of the body; disability is a functional limitation with regard to a particular activity; and handicap refers to a disadvantage in filling a role in life relative to a peer group.
What is the most common overlooked disability impairment? ›
Expert-Verified Answer. The most commonly overlooked disability is hearing impairments. The correct option is (D). - Hearing impairments are often overlooked because they may not be immediately apparent or visible.
What is considered a chronic orthopedic problem? ›
Chronic orthopedic conditions, such as arthritis and bursitis, affect the musculoskeletal system – most commonly the bones or joints. They can cause pain and dysfunction, making even normal daily activities difficult.
Is arthritis an orthopedic impairment? ›
Other examples of orthopedic impairments include muscular dystrophy, spinal cord injuries, multiple sclerosis and rheumatoid arthritis.
What are the three main types of impairments? ›
Impairments can be classified into four main groups: physical, sensory, psychosocial and intellectual. Some are present from birth, while others may be acquired later in life as the result of illness, injury or just from getting old.
What are the 3 common physical disabilities? ›
According to the Centers for Disease Control and Prevention (CDC), three of the most common physical disabilities that affect people include arthritis, heart disease, and respiratory disorders.
What are the three causes of impairment? ›
Three causes of impairment are attenuation, distortion, and noise. Attenuation means a loss of energy. When a signal, simple or composite, travels through a medium, it loses some of its energy in overcoming the resistance of the medium.
