Americans with Disabilities Act of 1990: Important Changes

Congress enacted the Americans with Disabilities Act of 1990 to protect the rights of disabled Americans. In 2009, further changes were made to disability law in an amendment to this act. It extends certain civil rights to disabled persons. Much of the law centers around employment situations and hiring practices.

Americans with Disabilities Act of 1990: Important Changes

Disability has been defined by the American with Disabilities Act as "a physical or mental impairment that substantially limits a major life activity." Each disability case is decided on its own facts. Whether or not a disabled employee or applicant's situation qualifies them for protection under the American with Disabilities Act will be decided on a case by case basis. Situations covered by the Americans with Disabilities Act of 1990 include, but may not be limited to:

• A qualified employee or applicant with a disability is entitled to reasonable accommodation which may include modifying existing facilities used by employees so that they are accessible and usable by persons with disabilities; job restructuring, modifying work schedules, reassignment to a vacant position; acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies and providing qualified readers or interpreters. Reasonable accommodations are required once an employee has requested that they be provided, and not until then. If providing reasonable accommodations for a disabled employee or applicant is unduly burdensome, then an employer is not required to provide them.
• Deaf applicants or employees may be entitled to have an interpreter made available in some circumstances.
• An employee with diabetes may be entitled to have breaks to monitor insulin levels.
• An employee with an illness may be entitled to time off for appointments to manage the illness properly.
• An employer may not ask a prospective employee about exercise habits, or the existence of or severity of a disability.
• Medical records are confidential, and an employer who obtains medical records by any means must keep the records confidential.

Getting Legal Advice

If you need advice about disability law or disability discrimination, an experienced attorney who handles disability cases can help you assess your rights. It can be hard to face an entity or person who has discriminated against you, but you have the legal right to be treated fairly as a disabled American. An attorney can help you preserve your rights and hold any wrongdoers responsible for their actions.