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The Americans with Disabilities Act
Purpose
This act prohibits discrimination against "qualified individuals with disabilities" in employment, public services, transportation, public accommodation, and telecommunication services.
Key terms and what they mean
A "qualified individual with a disability" is a person who, with or without reasonable accommodation, can perform the essential functions of a job, as taken from the job description of a
particular position.
A "disability" is a physical or mental impairment that substantially limits a "major life activity." A person who has a record of an impairment or someone whom others regard as impaired can also be considered disabled.
A "substantial" impairment is an inability to perform a "major life activity" or a significant restriction as to the condition, manner, or duration under which that activity can be performed.
"Major life activities" include such things as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. They are activities that the average person in the general population can perform with little or no difficulty.
Who must comply?
Employer provisions of the act are extended to employers of 15 or more employees. For purposes of the act, an employee is a person that works each day in each of 20 or more calendar weeks in the current or preceding calendar year.
What does the act require?
Employers must post and keep posted in a conspicuous place where notices to employees are customarily posted a description of the applicable provisions of this act.
What is prohibited?
1. Discrimination is prohibited in regard to application procedure, hiring, advancement, discharge, compensation, training, and other terms, conditions, and privileges of employment. Forms of discrimination include, among other things:
- Acts that adversely affect opportunities for disabled persons.
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Failure to make a reasonable accommodation to known physical or mental limitations.
Reasonable accommodation includes making existing facilities accessible and usable by the handicapped. Structures, schedules, assignments, equipment, materials, and policies must accommodate people with disabilities.
An exception to this requirement exists if making such an accommodation would result in an undue hardship. In determining if undue hardship exists, the nature of the accommodation, the financial resources of the facility, the number of employees, the impact on expenses and resources, the characteristics of the employer, the location of the facility, and the composition and function of the work force are considered. - Using tests, standards, and criteria that are not job related and that screen out disabled persons.
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Inquiries concerning disability or the severity of a disability. An exception exists if the inquiry relates to job duties.
Preemployment physicals may be required if the physicals are job related, are consistent with business necessity, and are performed after an offer of employment is made to the applicant. Offers of employment can be conditioned on the results of the physicals only if all employees in the same job category are subject to examination and the information obtained from them is kept confidential in separate medical files. -
Discrimination against recovering alcoholics and drug addicts who have been in a rehabilitation program and are not using drugs or alcohol.
Employers may prohibit the use of illegal drugs and alcohol in the workplace and may require employees to come to work sober and drug free.
2. An employer may not enter into a contractual or other arrangement or relationship with an entity, such as an employment or referral agency, that would have the effect of discriminating against a qualified applicant or employee with a disability.
Although it doesn't specifically mention farm labor contractors, it is possible that this provision would prohibit a farmer or grower from entering a relationship with a farm labor contractor that discriminates on the basis of disability.
Defenses
If a claim of discrimination is made, defenses include
- an inability to accommodate based on job-related conditions that are consistent with business necessity;
- a direct threat to the health or safety of others in the workplace posed by the employee;
- the employer is a religious organization that gives preference to members of its own faith;
- the potential for the spread of specific infectious diseases cannot be reduced or controlled.