Americans With Disabilities Act
The Americans with Disabilities Act (ADA) is a federal anti-discrimination law which 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. This law (covering employers with 15 or more employees) is designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. When an individual’s disability creates a barrier to employment opportunities, the ADA requires employers to consider whether a reasonable accommodation could remove the barrier. [Editor’s Note: The Supreme Court recently upheld the EEOC’s ADA regulation for the direct threat defense (situation where employee is a direct threat to himself/herself).] An individual has a disability under ADA when he/she:
- • 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 individual is one who, with or without a reasonable accommodation, can perform the essential functions of a job.A reasonable accommodation is a modification to a job which will allow an individual with a disability to perform the job’s essential functions. An employer is required to make a reasonable accommodation to a known disability of a qualified applicant or employee. A reasonable accommodation may include but is not limited to:
- • making facilities used by employees readily 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• providing qualified sign language interpreters
A reasonable accommodation does not include lower production and quality standards. Also the employer need not provide an accommodation that would impose an “undue hardship” on the business. Posted August 5, 2008 by Kevin Gramian at Optimum Outsourcing, LLC.