Americans with Disabilities Act (ADA)

Background

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, and is regarded as one of the most significant employment laws enacted since the Civil Rights Acts were passed in 1964. Title I of the Act became effective July 26, 1992. Title III, concerning discrimination in public accomodations was effective in January 1992.

Definitions

Prohibited Discrimination consists of denying equal treatment or benefits for a "qualified individual with a disability" and includes the following:

(1) Limiting, segregating, or classifying job applicants or employees because of their disabilities so that their opportunities are adversely affected.

(2) Participating in a contractual or other arrangement or relationship that subjects qualified disabled individuals to prohibited discrimination.

(3) Employing standards, criteria, or methods or administration that cause discrimination on the basis of a disability, or perpetuate the discrimination of others who are subject to the same administrative control.

(4) Denying equal jobs or benefits to a qualified individual because of that individual's relationship to a disabled person.

(5) Not making reasonable accommodations or denying employment opportunities to a qualified disabled person unless undue hardship will result and can be substantiated.

(6) Using standards, tests, or other selection criteria that tend to screen out disabled persons, unless the standards, tests, or criteria can be shown to be job-related and consistent with business necessity.

(7) Selecting or administering tests in such a way that results reflect the applicants or employees disabilities rather than their skills and aptitudes.

Disabled means that the applicant or employee:

(1) Has a "physical or mental impairment that substantially limits one or more major life activities,"

(2) Has a "record of such impairment,"

(3) Is "regarded as having such an impairment."

Physical or Mental Impairment means:

(1) "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine,"

(2) "any mental or phychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Major Life Activities: functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working."

A Record of Such an Impairment: a history of, or has been misclassified as having a mental or physical impairment that substantially limits one or more majore life activies.

Regarded as having such an impairment: Applies to a person who is not technically disabled under the Act, but is nonetheless treated by an employer as being disabled.

A qualified individual with a disability (under the Act): A person who "with or without reasonable accommodation can perform the essential functions of the employment position that such individual holds or desires."

Essential functions (of a position): Those that are "fundamental" to performance of the job rather than "peripheral."

Reasonable Accommodation: Accommodations an employer can make without undue hardship.

Undue Hardship: Significant difficulty or expense. Factors to be considered:

(1) The nature and net cost of the required accommodation, considering availability of tax credits, deductions, and outside funding.

(2) The overall financial resources of the facility involved, the number of persons employed at the facility, and the effect on expenses and resources.

(3) The overall financial resources of the "covered entity" (if different from the facility), and the size of the business.

(4) The type of the covered entity's operations, including the composition, structure of the work force, the geographic separateness and fiscal relationship of the facilities.

(5) The impact of the accommodation upon the operation of the facility, including the impact on the ability of other employees to perform their duties, and the impact on the facility's ability to conduct business.

Provisions

The Act forbids discrimination against a qualified individual with a disability because of the disability 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.

The act permits medical examinations only if all applicants for the position applied for are required to undergo physical examination.

The Act prohibits pre-employment inquiries about "disabilities." The employer may ask questions about the ability to perform specific job functions and may, within reasonable limitations ask an applicant with a disability to describe or demonstrate how he or she would perform the essential job functions.

The Act forbids certain actions by an employer such as threats, retaliation, or coercion directed against anyone who has opposed actions prohibited by the ADA or who has participated in an investigation or proceeding under the Act.

The employer must be willing to make "reasonable accommodations" to the known physical limitation of an otherwise qualified individual with a disability, unless doing so would impose an "undue hardship."

The employer must prepare a job description outlining the "essential functions" and "peripheral functions" of the job before advertising and interviewing for a position opening. The applicant must be given access to the written job description.

The employer must notify job applicants and employees of its obligation to provide accommodation for otherwise qualified individuals with disabilities.