ADA’s Silver Anniversary
On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law. This comprehensive law protects individuals from discrimination because of disabilities or perceived disabilities that they may have. Although there are five separate parts to the ADA, this article will focus on Titles I and III.
Title I
Title 1 of ADA prohibits employers with 15 or more employees from discriminating against individuals with disabilities with respect to hiring, promotion, discharge, training and other terms, conditions and privileges of employment.
With respect to an individual, the ADA defines a disability as (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.
The Americans with Disabilities Amendments Act reinforced the ADA and expanded the definition of major life activity which now says:
“In general…major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major bodily functions…a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”
Medical Inquiries
The Americans with Disabilities Act restricts the use of medical inquiries by an employer. Any medical inquiries (including medical exams) an employer would like to make of a prospective employee must be done after a job offer has been extended but before the individual actually begins work. In limited circumstances, an employer is permitted to ask current employees to submit to a medical exam or inquire about an individual’s medical condition such as when the employer needs medical documentation to support an employee’s request for an accommodation or if the employer believes that an employee is not able to perform a job successfully or safely because of a medical condition.
Any medical information a company collects about an employee or applicant must be maintained in a separate, locked, confidential medical file.
Reasonable Accommodation
Not only are employers prohibited from discriminating against individuals with disabilities, but they must also actively engage with the applicant or employee to determine whether or not a reasonable accommodation would enable that person to participate in the hiring process, to perform the essential job functions, to return to work from a leave of absence. Not only are employers prohibited from discriminating against individuals with disabilities, but they must also actively engage with the applicant or employee to determine whether or not a reasonable accommodation would enable that person to effectively communicate with coworkers, etc. The Job Accommodation Network (JAN) is a great resource for employers. The JAN website provides accommodation information based on both disability and by occupation or industry. This website can be an invaluable tool in helping a company flesh out reasonable accommodations for employees.
It is important that employers actively engage with the individual who needs an accommodation to determine if there is a reasonable accommodation that will enable the individual to perform the essential functions of his or her job. This includes asking them for their suggestions regarding accommodations, encouraging them to get suggestions from their health care provider regarding accommodations and discussing with the individual any options the company has discovered that would enable the person to perform his essential job duties.
The EEO website provides more information to employers to assist them with complying with the ADA.
Title III
ADA’s Title III requires “places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by this part.”
This means that your facility has to be accessible to individuals with disabilities. This may include ensuring that ramps to get into the facility are at specific angles, that doorways are at least 34 inches wide and that handicap bathrooms include toilets between 17 inches and 19 inches high.
Title III also specifies how many parking spaces must be reserved as “accessible”, requires fire alarms to have visual lights flashing in addition to sounding an alarm, and requires banks of public phones to include a certain number of wheelchair accessible telephones.
It is important for all businesses, but especially those that are open to the public, to assess their facilities to make sure that those who are disabled can enter and maneuver through the building and that restroom facilities, doorways, public telephones, etc. are accessible to them.
Additional information about all aspects of ADA can be found on the ADA.gov website.
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