Title I of the
Americans
with Disabilities Act of 1990 prohibits
private employers, state and local governments, employment
agencies and labor unions from discriminating against
qualified individuals with disabilities in job application
procedures, hiring, firing, advancement, compensation, job
training, and other terms, conditions, and privileges of
employment. The ADA covers employers with 15 or more
employees, including state and local governments. It also
applies to employment agencies and to labor organizations.
The ADA's nondiscrimination standards also apply to federal
sector employees under section 501 of the Rehabilitation
Act, as amended, and its implementing rules.
An individual with a disability
is a person who:
- Has a
physical or mental impairment that substantially limits one
or more major life activities;
- Has a
record of such an impairment; or
- Is
regarded as having such an impairment.
A qualified employee or applicant
with a disability is an individual who, with or without
reasonable accommodation, can perform the essential functions of
the job in question. Reasonable accommodation may include, 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.
An employer is required to make a
reasonable accommodation to the known disability of a qualified
applicant or employee if it would not impose an "undue hardship"
on the operation of the employer's business. Undue hardship is
defined as an action requiring significant difficulty or expense
when considered in light of factors such as an employer's size,
financial resources, and the nature and structure of its
operation.
An employer is not required to
lower quality or production standards to make an accommodation;
nor is an employer obligated to provide personal use items such
as glasses or hearing aids.
It is also unlawful to retaliate
against an individual for opposing employment practices that
discriminate based on disability or for filing a discrimination
charge, testifying, or participating in any way in an
investigation, proceeding, or litigation under the ADA.
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