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Source: The U.S. Equal Employment Opportunity Commission, Fact Sheet on the ADA
Title I of the Americans with Disabilities Act of 1990, which took effect July 26, 1992, 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.
An individual with a disability is a person who:
- 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 employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
- Job restructuring, modifying work schedules, reassignment to a vacant position;
- Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.
Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.
Drug and Alcohol Abuse
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA, when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA’s restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
EEOC Enforcement of the ADA
The U.S. Equal Employment Opportunity Commission issued regulations to enforce the provisions of Title I of the ADA on July 26, 1991. The provisions originally took effect on July 26, 1992, and covered employers with 25 or more employees. On July 26, 1994, the threshold dropped to include employers with 15 or more employees.
NOTE: An employer with fewer than 15 employees is not subject to the ADA; however, the employer may be subject to state laws that prohibit disability discrimination. To view the text of Connecticut’s law on employment discrimination (which applies to employers with three or more employees), click here.
For more information on the ADA, click on the topics below:
- ADA Primer for Small Business Available Free Online (ADA Primer)
- Working at Home As Reasonable Accommodation: Help Is Here (ADA Fact Sheet)
- How ADA Applies to Workers with Cancer (ADA Fact Sheet)
- EEOC Enforcement Guidance on Disability-Related Inquiries & Medical Exams under the ADA
- EEOC Enforcement Guidance on Reasonable Accommodation Under the ADA
- EEOC Enforcement Guidance on Psychiatric Disabilities & the ADA
- EEOC Enforcement Guidance on Workers’ Comp & the ADA
- Article: Requiring a Driver’s License (September 2006)
- Article: ADA and Hearing Loss (August 2006)
- Navigating the Maze of ADA, FMLA & Workers’ Compensation Laws
- Article: ADA Pact Makes Eating Out Easier
- Article: Psychological Test Violated ADA
- ADA Technical Assistance Program
- Job Accommodation Network
- The ADA: Questions & Answers (EEOC Publication)
- ADA and Health Care Workers