How Does the Americans with Disabilities Act of 1990 Affect Employers?

In the U.S., employers may not discriminate against individuals with physical disabilities.

The Americans with Disabilities Act of 1990 provides disabled employees with legal protection from discrimination in the United States. The U.S. Equal Employment Opportunity Commission (EEOC) and state and local civil rights agencies enforce this act and may fine employers who neglect the rights of disabled employees and job applicants.

Size

According to the EEOC, the Americans with Disabilities Act (ADA) applies to all private businesses that hire 15 or more employees and to all local and state government employers regardless of size. Small businesses under this limit do not have to abide by the ADA law.

Discrimination

Employers may not refuse to hire employees based on disability, and they may not pay disabled employees less than other employers solely because of a disability. Under the ADA, businesses may not lay off an employee or give him indefinite leave because of his condition. An employer that doesn't promote or decides to fire a disabled employee based on a disability violates ADA provisions, and the employee may seek legal action against the employer.

Eligibility

Title I of the ADA determines that a person suffers from a disability if he has a track record of mental or physical impairment that substantially limits his function. According to the U.S. Department of Labor, the ADA does not provide affirmative action. All employees must meet the requirements of a job in terms of education and experience, but the employer must be willing to make reasonable accommodations in order to aid the worker in performing his job.

Accommodations

According to the EEOC, some examples of reasonable accommodation include modifying equipment and computers and restructuring a job. A person in a wheelchair may need a ramp to enter the building and a wheelchair friendly desk. A person suffering from a chronic disability may need to take an extra break or require a flexible work schedule. While hard rules for accommodation don't exist, an employer should do everything possible to aid a disabled employee in the performance of a job under the ADA rules.

Confidentiality

According to Title I of the ADA, employers may not ask job applicants about the seriousness, nature or existence of a disability, but an employer may ask them whether they can reasonably perform specific duties of a job. If a company learns any information about an employee's disability, the employer must keep this information private. Companies may discriminate on the basis of drug or alcohol abuse, and employers can test disabled employees for illicit substances.

References

• U.S. Equal Employment Opportunity Commission: The ADA-Your Responsibilities as an Employer
• U.S. Equal Employment Opportunity Commission: Facts About the Americans with Disabilities Act
• U.S. Department of Labor: Employers and the ADA Myths and Facts