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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;
- Or Is regarded as having
such an impairment.
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.
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.
EEOC
Enforcement of the ADA
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 for Immediate
Americans with Disabilities Act
Assistance.
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