Disability Discrimination and ADA: How it Affects Business

On July 26, 1990, then President of the United States, George H. W. Bush, signed into law the Americans with Disabilities Act (ADA). It has since been amended, with the latest changes effective in 2009 and 2010. Its intent is to prohibit discrimination against Americans with disabilities, but only under certain circumstances. The ADA looks at such things as public transportation, telecommunications and public housing. One of the major areas of concern of the ADA is employment and employers. As a result, it has had and continues to have an impact on the business sector.

The ADA And Employers

Under the ADA, employers must not discriminate against individuals who have a disability as defined in the act. The employer must not discriminate in any of the following areas:

• Job application – procedures, including interviews. For example, if the employer requires a medical as part of the process, he or she must give it to all the candidates not simply the disabled ones.
• Advancement
• Firing or discharge of an employee
• Workers compensation
• On-the-job or job training

Business Accommodations For Disabled Employees Under The ADA

In accordance with the ADA, employers must make certain accommodations for disabled workers. This may mean making the workspace more friendly. It also means ensuring the workplace accommodates the disability of the disabled employee. In construction, future works must take into consideration disabled employees.

Exceptions To ADA

There are exceptions to ADA application. An employer can ignore the ADA, its restrictions and/or guidelines under the following circumstances:

• If you are an employer with less than 15 employees ADA is not enforceable
• If the measures of accommodation are not “reasonable”
• If doing so would cause “undue hardship to the employer.” This may be defined as too hard to make the accommodations for the disability or too costly to implement

Government Bodies And The ADA

Several groups focus on the ADA and its continued perpetuation. In the government, the specific agencies concerning themselves with the evolution and enforcement of the employment sector of the Americans with Disabilities Act is the Equal Employment Opportunity Commission (EEOC). The United States Department of Justice may also become involved in the situation.

Impact

There are two possible long-term outcomes.

• The ADA may result in less of a desire by employers to provide opportunities for the disabled.
• The ADA may increase the integration of the workplace.

To date, there is not enough data to indicate either to be true.

The Purpose Of An Attorney

Talk to an attorney if you suspect disability discrimination. A qualified disability lawyer can inform you of your rights under ADA. He or she will be able to guide you through the steps to ensure justice is served.