Americans With Disabilities Act Facts
In 1990, the Americans with Disabilities Act was enacted. The ADA protects American workers from being discriminated against in the workplace. State and local governments, private employers, labor unions and employment agencies are prohibited from rejecting a qualified employee due to their disabilities. This act covers the entire employment process, including applying, hiring, termination, promotions and advancements, wages, benefits, training and all other aspects of employment. Small business, state and local governments with 15 or more employees are all under the ADA requirements. The federal government adheres to the Rehabilitation Act Section 501.
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Defining Disability
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Disability for the purpose of the ADA is defined as an individual who has a mental or physical condition causing substantial limits on at least one or more activities of daily living. This disability has caused a record of the impairment to be made by a physician or other qualified individual and has been regarded as an impairment by others.
Reasonable Accommodations
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An individual with a disability can be considered a qualified employee or applicant if this individual can perform all essential requirements of the position desired regardless of whether or not reasonable accommodations were made. Reasonable accommodations can be defined as ensuring the current facility allows for the employee with disabilities to have access to and to be able to fully use all areas required for their position.
Accommodations may be required for vacant position reassignments, work schedules that have been modified and restructuring the job as needed.
Accommodations may include acquiring, modifying, adjusting or providing equipment, devices, examinations, training materials, policies, readers or interpreters.
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Undo Hardships
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All employers must provide these accommodations unless the changes would cause undo hardships on the employer. If undue hardships would occur when the employer made an attempt to accommodate an individual with disabilities, the employer would be given a reprieve from making those accommodations. Undue hardships can be defined as a considerable expense or difficulty in comparison to the employer's financial, size, resources and structure of the entire operation.
Having a coworker read a sign to an employee who has impaired vision, providing a sign language interpreter for a hearing-impaired employee or to allow an employee with diabetes to take an increased number of breaks to check blood sugar levels, inject insulin or eat small snacks are all examples of accommodations that would not be an undue hardship.
Additional Facts
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The ADA explains that the employer is not expected to purchase personal items for the disabled employee. Items such as hearing aids or glasses are the employee's responsibility.
The employee or applicant with a disability must be the one to initiate the request for reasonable accommodations.
The employer does not need to reduce the quality of the product or the standards of production to meet disabled individuals accommodations.
An employer must not ask an applicant or an employee directly about their disabilities. If an employer notices a performance or conduct problem, the employer may ask the employee how to solve the particular problem and if a reasonable accommodation is needed. Only when the employee requests a reasonable accommodation can both parties discuss the disability, the employee's needs and how to accommodate the needs.
Medical Examinations
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An employer cannot require a medical examination as a term of employment for an individual with disabilities unless a medical examination is required for all applicants.
The results of the medical examination must remain confidential as to the extent or severity of the disability.
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