Purpose:
The purpose of the Americans with Disabilities Act ( ADA), PL
101-336, is to extend to people with disabilities civil rights similar to those
now available on the basis of race, color, national origin, sex and religion
through the Civil Rights Act of 1964. It prohibits discrimination on the basis
of disability in:
- employment,
- services rendered by state and local governments,
- places of public accommodation,
- transportation,
- telecommunications services.
This brochure focuses on the employment provisions of the ADA.
Other provisions of ADA are covered in other brochures in this series.
The ADA says...
"No covered entity shall discriminate against a qualified
individual with a disability because of the disability of such individual in
regard to job application procedures; the hiring, advancement, or discharge of
employees; employee compensation; job training; and other terms, conditions,
and privileges of employment."
Major Employment Provisions
- The ADA requires equal opportunity in selection, testing and
hiring of qualified applicants with disabilities.
- The ADA prohibits discrimination against workers with
disabilities. This provision is similar to the Civil Rights Act of 1964 and
Title V of the Rehabilitation Act of 1973. Beginning in July 1992, it applies
to all employers with 25 or more employees and in July 1994, to all employers
with 15 or more.
- The ADA employment provisions apply to private employers, State
and local governments, employment agencies, labor organizations, and joint
labor-management committees.
- The ADA requires equal treatment in promotion and benefits.
- The ADA requires reasonable accommodation for applicants and
workers with disabilities when such accommodations would not impose "undue
hardship." Reasonable accommodation is a concept already familiar to and widely
used in today's workplace.
- Employers may require that an individual not pose a direct
threat to the health and safety of the individual or others.
- Employers may not make pre-employment inquiries about an
applicant s disability or conduct pre-employment medical exams. They may ask if
applicants can perform specific job functions and may condition a job offer on
results of a medical exam, but only if the exam is required for all entering
employees in similar jobs.
- Employers may conduct tests for the illegal use of drugs and
may prohibit illegal use of drugs and alcohol in the workplace.
Some Key Definitions
- The term "disability" means:
- a physical or mental impairment that substantially limits
one or more of the major life activities, for example, walking, seeing,
speaking or hearing;
- a record of such an impairment, for example, a person who
has recovered from cancer;
- being regarded as having such an impairment even when no
limitations exist, for example, a person who is scarred from burns.
- The term "qualified individual with a disability" means an
individual with a disability who, with or without reasonable accommodation, can
perform the essential functions of the employment position that such individual
holds or desires.
- The term "reasonable accommodation" may include:
- making existing facilities used by employees readily
accessible to and usable by individuals with disabilities;
- job restructuring, part-time or modified work schedules,
reassignment to a vacant position;
- acquisition or modification of equipment or devices;
- appropriate adjustment or modifications of examinations,
training materials or policies;
- the provision of qualified readers or interpreters;
- other similar accommodations
- The term undue hardship means an action requiring
significant difficulty or expense. Factors to be considered in determining
whether an accommodation would cause an undue hardship include:
- the nature and cost of the accommodation;
- the resources and size of the business as a whole and of
the facility making the accommodation;
- the type of business operation, including the composition,
functions and structure of the workforce;
- the impact that the accommodation would have on the
facility making it and on the business as a whole.
- In general, a larger employer will be expected to make
accommodations requiring greater effort or expense than a smaller employer.
Enforcement
The Equal Employment Opportunity Commission (EEOC), the Federal
agency that regulates and enforces other employment discrimination laws, is
responsible for enforcing ADA employment provisions.
Regulations and Information
- ADA Regulations for Title I - Equal Employment Opportunity for
Individuals with Disabilities contact:
Equal Employment Opportunity
Commission 1801 L Street, NW Washington, DC 20507
800/669-3362 - Voice 800/800-3302 - TTY Alternative formats are
available.
- Information on making job accommodations contact:
JAN
(Job Accommodation Network) 800/526-7234
- Office of Disability Employment Policyhas other ADA
brochures and publications. Alternative formats are available.
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