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Signed into law on July 26 1990, the Americans with Disabilities Act is legislation intended to make American society more accessible to people with disabilities. The ADA is divided into five sections, or titles: employment, public services, accommodations, telecommunications and miscellaneous. This guide will focus primarily on Title I (Employment). Who is covered? The ADA's protection applies primarily, but not exclusively, to disabled individuals. An individual is "disabled" if he or she meets at least one of the following tests:
Definitions: Physical or Mental Impairment - (1) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems; or (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Substantially Limits - (1) Unable to perform a major life activity that the average person in the general population can perform; or (2) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. Major Life Activity - those basic activities that the average person in the general population can perform with little or no difficulty, including caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive and can also include tasks such as sitting, standing, lifting, and reaching. What does it mean for me as an employer? Title I of the ADA prevents an employer with 15 or more employees from discriminating against any individual with a disability who is qualified to perform a job. In order to be qualified for a specific job, the person must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses, and must be able to perform the essential functions of the job with or without reasonable accommodation, provided the accommodation does not cause undue hardship on the employer. More Definitions: Essential Functions - the fundamental job duties that are necessary to perform in order for the job to be accomplished. The term “essential functions” does not include the marginal functions of the position. For example, for an elementary teacher, classroom teaching is an essential function, but standing outside for recess is a marginal function. Reasonable Accommodation - any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. This also includes modifications or adjustments that enable the employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities. For example, if a gym or break room is available to employees, it must be accessible to all employees – including those with disabilities. Undue Hardship - An employer or other covered entity is not required to provide an accommodation that will impose an undue hardship on the operation of the employer’s business. The term “undue hardship” means significant difficulty or expense in, or resulting from, the provision of the accommodation. The “undue hardship” provision takes into account the financial realities of the particular employer. However, the concept of undue hardship is not limited to financial difficulty. “Undue hardship” refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business. |
| Myths | Facts |
|---|---|
| The ADA gives people with disabilities the right to a job. | People with disabilities must be qualified to perform the essential job functions. They compete for jobs and are rejected just like everyone else. |
| The ADA is an affirmative action statute. | The ADA is not intended to make up for past discrimination by requiring employers to fill a quota of employees with disabilities. |
| The ADA gives people with disabilities special privileges on the job. | Although sometimes reasonable accommodations may look like special privileges to others, people with disabilities have the same responsibilities and challenges as everyone else. |