How to Comply With the Americans With Disabilities Act

The Americans with Disabilities Act put simply prevents discrimination based on disability. The Act does have its limitations, most notably defining what constitutes a disability. Despite its limitations, the Americans with Disabilities Act was intended to prevent discriminations of certain individuals based on a disability that in anyway limits "major life activity." A major concern for employers is how to accommodate these individuals without placing an undue burden on their daily business.

Difficulty: Moderate

Instructions

Things You'll Need:

• Copy of Americans with Disabilities Act

1. Don't let a physical or mental impairment of a job applicant affect your decision. For example if the position for which you are hiring is a desk job and an applicant is in a wheelchair, don't eliminate them based on their physical disability. Under the ADA you must give them proper consideration and only eliminate them if they are unqualified or cannot perform the job duties.

2. Provide reasonable accommodations for individuals with disabilities. Although "reasonable accommodations" isn't explicitly defined in the Act, common examples are wheelchair ramps to make buildings more accessible to those with disabilities. No employer or organization is expected to make unreasonable accommodations in order to accommodate an individual with a disability no more than they are expected to for individuals without disabilities.

3. Avoid asking questions relating to the severity or cause of a disability. Asking this question violates the Americans with Disabilities Act but employers can ask about an applicant's ability to perform the functions of the job. Employers can even ask about specific duties, but under no circumstances can they inquire about specifics about the disability.

4. Require a medical examination of all employees as it relates to the job. The Americans with Disabilities Act prohibits testing only disabled individuals, but if it is necessary for the job and required of all applicants then testing is within the limits of the law. Outcomes of medical examinations can be used as a condition of employment if administered to all employees in similar positions.

5. Consult an attorney and human resources representative to determine how to comply with mental disabilities. Mental disabilities have proven difficult to comply with as many employers find it difficult to "accommodate" these individuals without an undue burden to their daily business. Furthermore an attorney can help determine if accommodations have to be made for certain disabilities and what degree is required by law.

Tips & Warnings

• Excessive litigation can occur even if you comply.
• Cyberspace has become a new target for litigation under the Americans with Disabilities Act.

Resources

• More Information About the Americans with Disablities Act