Americans with Disabilities Act

Employment

Title I prohibits discrimination against a qualified applicant or employee because of his or her disability in any employment practice or related activity, including recruitment, job application procedures, selection, termination (layoff or firing), promotions, compensation, leaves, training, and other terms, conditions, and privileges of employment. All private employers, state and local governments, employment agencies, and labor unions with 15 or more employees are covered. The ADA does not impose any affirmative action obligations, and employers have the right to hire any qualified candidates.

A key concept in the ADA is that of “otherwise qualified.” Otherwise qualified individuals possess the knowledge, skills, abilities, and other characteristics or requirements (e.g., legitimate experience or education) and can perform the essential functions of the job successfully with or without a reasonable accommodation. Job modifications (e.g., exchanging job tasks with co-workers, flexible work hours omitting nonessential tasks), environmental changes (e.g., ramps, larger stalls and grab bars in restrooms, automatic door openers, improved lighting), or auxiliary aids (e.g., speakerphones or headsets, adjustable workstations, wrist or arm supports, magnification aids for reading) that allow a qualified applicant or employee with a disability to perform the essential functions of the job and do not create undue hardship for the employer are considered reasonable accommodations. Reasonable accommodations may involve modifying workplaces, equipment, or jobs; modifying work schedules; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. These accommodations should be evaluated and made on a case-by-case basis. Employers are not expected or required by law to lower employment standards, provide personal-use items (e.g., glasses or hearing aids), or identify individuals to receive accommodations. People with disabilities must self-identify, provide evidence of their disability, request needed accommodations, and flexibly interact with the employer. Undue hardship is also determined on a case-by-case basis and occurs when the requested accommodation involves excessive financial cost or effort that exceeds employer resources.

People with disabilities who feel that they have been discriminated against can seek legal remedies. Like Title VII of the Civil Rights Act, some cases will involve adverse impact or disparate treatment. Additional ADA cases concern the employer's refusal or failure to accommodate. Litigation will determine whether the individual's disability interferes with work efficiency or poses a risk or hazard to others[Page 88] (e.g., person's disability is an infectious disease) or if an accommodation creates undue hardship for the organization.

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