Definition:
The Americans with Disabilities Act (ADA) was signed into law in 1990 by president George H.W. Bush. The law provides that employers may not discriminate against employees with disabilities. Here are some of the facts you should know about this Act (quotes are from the EEOC website):
- The ADA applies to employers with 15 or more employees.
- Discrimination includes "job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment."
- The law prohibits discrimination against "qualified" employees - those who "who, with or without reasonable accommodation, can perform the essential functions of the job in question." In other words, the person must be able to do the job, but will need "reasonable accommodation." For example, if a person is qualified to be a bookkeeper, but the person is in a wheelchair, you are required to provide the accommodation necessary to get that person to the place where he or she is doing bookkeeping.
- Employers must provide "reasonable accommodation," which includes (but is not limited to):
* Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
* Job restructuring, modifying work schedules, reassignment to a vacant position;
* Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters. - If the accommodation for an employee would result in a hardship for the employer, the company does not need to provide such accommodation. For example, it might be impossible to provide a blind person with enough accommodation to do a computer job without a great deal of expense. The expense might be excessive for a small company. These situations are treated on a case-by-case basis.
