Congress passed the Americans with Disabilities Act (ADA) in 1990. The purpose of the ADA is to prevent discrimination against people with disabilities in the workforce — as well as in most businesses and other places open to the public — by requiring that “reasonable accommodations” be made for many types of disability. The law surrounding disability discrimination can be confusing. The following discussion should help provide a general understanding of the law under the ADA. When Does the ADA Apply?The ADA applies to all employers who employ fifteen or more people for a minimum of at least twenty weeks. It specifically provides that covered employers cannot discriminate against otherwise qualified individuals with a disability in: • The application process; Prohibited discrimination includes classifying disabled employees so that their job opportunities are more limited than the job opportunities of non-disabled employees, or setting standards that make it harder for disabled employees to compete. To inform employees of their rights under the ADA, employers are required to post in the workplace a notice outlining the rights guaranteed by the ADA. “Disability” Under the ADAThe ADA only applies to persons who meet the definition of “disabled” under the Act. A person is considered disabled, and so protected under the ADA, if he or she either actually has, or is thought to have, a physical or mental impairment that substantially limits what the ADA calls a “major life activity.” Major life activities include walking, talking, seeing, and learning. Although the determination of whether a worker is disabled is made on a case-by-case basis, common examples of disabilities include: Substantially Limited by DisabilityFinally, to be substantially limited by a disability, the disability must render the employee unable to work in a broad range of jobs. A disability that only affects the employee’s ability to perform a few specific jobs is not covered by the ADA. For example, if a woman seeks a commercial pilot’s license but is too nearsighted to qualify, she may not be disabled if her nearsightedness only disqualifies her from a job as a pilot, but does not limit her ability to perform a broad range of other jobs. What is “Reasonable Accommodation”?An employer has a responsibility to make “reasonable accommodations” for the employee’s disability. Such accommodations often consist of physical changes to the workplace to aid the disabled employee, i.e. installing ramps for an employee who uses a wheelchair. Other accommodations may include: • Restructuring the job or its duties to allow the disabled employee to perform the work; What Is Undue Hardship Under the ADA?An employer may also refuse to accommodate a disabled person if the accommodation that would allow him or her to perform the job is not “reasonable.” The ADA recognizes that, even if accommodation of a particular disability is theoretically possible, the expense or difficulty may render the accommodation extremely impractical. If the employer can show that the necessary accommodation constitutes an undue hardship, the ADA does not require the employer to make the accommodation. An accommodation becomes an undue hardship when it is extremely difficult to put into place, or very expensive to implement — based on the financial costs and practicality of the accommodation required, and the employer’s financial resources, both at the workplace and overall. Disability and ADA Business Attorney Free ConsultationWhen your business has been sued for a disiability discrimination or ADA compliance matter, please call Ascent Law LLC for your free ADA and business law consultation (801) 676-5506. We want to help you.
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