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Specific Information Relating to Employment
The ADA says...
“No covered entity shall discriminate against a qualified individual
with a disability because of the disability of such individual 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.” Major Employment Provisions
- The ADA requires equal opportunity in selection, testing and hiring
of qualified applicants with disabilities.
- The ADA prohibits discrimination against workers with disabilities.
This provision is similar to the Civil Rights Act of 1964 and Title
V of the Rehabilitation Act of 1973. Beginning in July 1992, it applies
to all employers with 25 or more employees and in July 1994, to all
employers with 15 or more.
- The ADA employment provisions apply to private employers, State and
local governments, employment agencies, labor organizations, and joint
labor-management committees.
- The ADA requires equal treatment in promotion and benefits.
- The ADA requires reasonable accommodation for applicants and workers
with disabilities when such accommodations would not impose “undue
hardship.” Reasonable accommodation is a concept already familiar
to and widely used in today’s workplace.
- Employers may require that an individual not pose a direct threat
to the health and safety of the individual or others.
- Employers may not make pre-employment inquiries about an applicant
s disability or conduct pre-employment medical exams. They may ask if
applicants can perform specific job functions and may condition a job
offer on results of a medical exam, but only if the exam is required
for all entering employees in similar jobs.
- Employers may conduct tests for the illegal use of drugs and may
prohibit illegal use of drugs and alcohol in the workplace.
Some Key Definitions
- The term “disability” means: (1) a physical or mental
impairment that substantially limits one or more of the major life activities,
for example, walking, seeing, speaking or hearing; (2) having a record
of such an impairment, for example, a person who has recovered from
cancer; (3) being regarded as having such an impairment even when no
limitations exist, for example, a person who is scarred from burns.
- The term “qualified individual with a disability” means
an individual with a disability who, with or without reasonable accommodation,
can perform the essential functions of the employment position that
such individual holds or desires.
- The term “reasonable accommodation” may include: (1)
making existing facilities used by employees readily accessible to and
usable by individuals with disabilities; (2) job restructuring, part-time
or modified work schedules, reassignment to a vacant position; (3) acquisition
or modification of equipment or devices; (4) appropriate adjustment
or modifications of examinations, training materials or policies; (5)
the provision of qualified readers or interpreters; (6) other similar
accommodations.
- The term undue hardship means an action requiring significant difficulty
or expense. Factors to be considered in determining whether an accommodation
would cause an undue hardship include: (1) the nature and cost of the
accommodation; (2) the resources and size of the business as a whole
and of the facility making the accommodation; (3) the type of business
operation, including the composition, functions and structure of the
workforce; (4) the impact that the accommodation would have on the facility
making it and on the business as a whole.
- In general, a larger employer will be expected to make accommodations
requiring greater effort or expense than a smaller employer.
Enforcement
The Equal Employment Opportunity Commission
(EEOC), the Federal agency that regulates and enforces other employment
discrimination laws, is responsible for enforcing ADA employment provisions.
Regulations and Information
ADA Regulations for Title I – Equal Employment Opportunity for
Individuals with Disabilities contact:
Equal Employment Opportunity Commission
1801 L Street, NW
Washington, DC 20507
800/669-3362 – Voice
800/800-3302 – TTY
Alternative formats are available
Information on making job accommodations contact:
JAN (Job Accommodation Network)
800/526-7234
Office of Disability
Employment Policy has other ADA brochures and publications. Alternative
formats are available.
Source: US Department of Labor Office of Disability Employment
Policy web site http://www.dol.gov/odep/pubs/adabro/employ.htm
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