| Title I of the Americans with Disabilities Act of 1990 | | | | not obligated to provide personal use items such as |
| prohibits private employers, state and local | | | | eyeglasses or hearing aids. |
| governments, employment agencies and labor unions | | | | ? Prohibited Inquiries and Examinations - Before making |
| from discriminating against qualified individuals with | | | | an offer of employment, an employer may not ask job |
| disabilities in job application procedures, hiring, firing, | | | | applicants about the existence, nature, or severity of a |
| advancement, compensation, job training, and other | | | | disability. Applicants may be asked about their ability to |
| terms, conditions, and privileges of employment. An | | | | perform job functions. A job offer may be contingent |
| employer is required to make a reasonable | | | | on the results of a medical examination, but only if the |
| accommodation to the known disability of a qualified | | | | examination is required for all entering employees in the |
| applicant or employee if it would not impose an "undue | | | | same job category. Medical examinations of |
| hardship" on the operation of the employer's business. | | | | employees must be job-related and consistent with |
| Employers may not ask job applicants about the | | | | business necessity. ? Undue Hardship - This is defined |
| existence, nature, or severity of a disability. | | | | as an action requiring significant difficulty or expense |
| To understand several important ADA definitions, | | | | when considered in light of factors such as an |
| including who is protected by the law and what | | | | employer's size, financial resources, and the nature and |
| constitutes illegal discrimination, the following are some | | | | structure of its operation. However, accommodating a |
| helpful explanations of key definitions to assist in | | | | worker by lowering the production standards or quality |
| determining classifications: | | | | is not necessary. |
| * Individual with a Disability - According to the ADA, an | | | | Under the ADA, performing essential functions are |
| disabled individual is one who has mental or physical | | | | defined as the basic job duties that an employee must |
| impairment that will substantially limit one or more | | | | be able to perform, with or without reasonable |
| abilities in an individual's life. In 1999, the Supreme Court | | | | accommodation. An employer needs to examine each |
| ruled that the determination of whether a person has | | | | job to determine which functions or tasks are essential |
| an ADA "disability" includes consideration of whether | | | | to performance prior to taking any employment action |
| the person is substantially limited in performing a major | | | | such as recruiting, advertising, hiring, promoting or firing. |
| life activity when using a mitigating measure. This | | | | In determining if a function is essential en employer |
| means that if a person has little or no difficulty | | | | needs to consider whether the reason the position |
| performing any major life activity because they use a | | | | exists is to perform that function, the number of other |
| mitigating measure, then that person will not meet the | | | | employees available to perform the function or among |
| ADA's first definition of "disability". Major life activities | | | | whom the performance of the function could be |
| are activities that an average person can perform with | | | | distributed, and the degree of expertise or skill required |
| little or no difficulty such as walking, breathing, seeing, | | | | to perform the function. An employer's determination |
| hearing, speaking, learning, and working. | | | | as to which functions are essential include the actual |
| Individuals who also suffer from previous substantially | | | | work, the experience of present or past employees in |
| limiting impairment are protect by the ADA. | | | | the job, the time spent performing a function and the |
| ? Qualified Individual with a Disability - A qualified | | | | consequences of not requiring that an employee |
| employee or applicant with a disability is someone who | | | | perform a function. |
| satisfies skill, experience, education, and other | | | | A job offer may be conditioned on the results of a |
| job-related requirements of the position held or desired, | | | | medical examination, but only if the examination is |
| and who, with or without reasonable accommodation, | | | | required for all entering employees in similar jobs. As |
| can perform the essential functions of that position. | | | | long as medical examinations of employees are job |
| ? Reasonable Accommodation - Reasonable | | | | related and consistent with an employer's business |
| accommodation may include, but is not limited to: | | | | needs are they necessary. |
| making existing facilities used by employees readily | | | | It is unlawful to retaliate against an individual for |
| accessible to and usable by persons with disabilities; | | | | opposing employment practices that discriminate |
| job restructuring; modification of work schedules; | | | | based on any disability or for filing a discrimination |
| providing additional unpaid leave; reassignment to a | | | | charge, testifying, or participating in any way in an |
| vacant position; modification of equipment used; | | | | investigation, proceeding, or litigation under the ADA. |
| adjusting or modifying examinations, training materials, | | | | In 2004, the EEOC received 15,376 charges of disability |
| or policies; and providing qualified readers or | | | | discrimination. The EEOC resolved 16,949 disability |
| interpreters. Reasonable accommodation may be | | | | discrimination charges 2004 and recovered $47.7 |
| necessary to apply for a job, to perform job functions, | | | | million in compensation for aggrieved individuals and |
| or to enjoy the benefits and privileges of employment | | | | parties. Of that $47.7 million, approximately 13% was |
| that are enjoyed by people without disabilities. An | | | | for mental health discrimination cases. This does not |
| employer is not required to lower production standards | | | | include monetary benefits obtained through litigation. |
| to make an accommodation. An employer generally is | | | | |