Americans with Disabilities Act

Title I of the Americans with Disabilities Act of 1990, which took effect July 26, 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.

An individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities
  
• Has a record of such an impairment
  
• Is regarded as having such an impairment

Required Disability Accomodations

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities
• Job restructuring, modifying work schedules, reassignment to a vacant position
• Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualified readers or interpreters

Employer Liability for Disability Accomodations

An employer is required to make an 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. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Medical Examinations and Inquiries

Employers may not ask job applicants about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.

Drug and Alcohol Abuse

Employees and applicants currently engaging in the illegal use of drugs are not covered by the Americans with Disabilities Act, when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the Americans with Disabilities Act's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

Changes in ADA Law

• The ADA Act of 2008 responsed to the Supreme Court Ruling of changing the definition of Disability from "substantially impaired" to "severely impaired"
• The U.S. Equal Employment Opportunity Commission EEOC issued regulations to enforce the provisions of Title I of the Americans with Disabilities Act on July 26, 1991. The provisions originally took effect on July 26, 1992, and covered employers with 25 or more employees. On July 26, 1994, the threshold dropped to include employers with 15 or more employees.
• The Americans with Disabilities Act of 1990, Title I of , which took effect July 26, 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.

If you need help with a Americans with Disabilities Act issues, Click here or Immediate Americans with Disabilities Act Assistance.

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