Fact Sheet

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against people with disabilities in employment, public services, public and private transportation, public accommodations, and telecommunications services.

Who are persons with disabilities?

A person with a disability is anyone who:

• has a physical or mental impairment that substantially limits at least one major life activity (such as performing manual tasks, caring for one's self, walking, seeing, hearing, breathing, speaking, learning or working);
  
  
• has a history of or has recovered from such an impairment (such as cancer or emotional illness); and/or
  
  
• is perceived as having an impairment (such as a facial disfigurement or the mistaken belief that a person has AIDS or is HIV infected).
  
  

Current users of illegal drugs are not protected. Individuals who are enrolled or who have completed drug or alcohol rehabilitation programs are protected.

How does the ADA affect employment?

The ADA bans employment discrimination against a qualified individual with a disability who, with or without a reasonable accommodation, can perform the essential functions of a job that he or she holds or desires. An employer does not have to provide a reasonable accommodation if doing so would impose an undue hardship on the employer's operation.

What is a reasonable accommodation?

Reasonable accommodation means making modifications or adjustments to a job application process or work environment that makes it readily accessible and usable by people with disabilities. Examples are buying new equipment, modifying work schedules, re-allocating marginal job functions, altering a worksite, restructuring jobs, assigning a person to a vacant position, providing interpreters.

What is an undue hardship?

Undue hardship means significant difficulty or expense that would be unduly disruptive to the employer. Considerations include the nature and cost of the accommodation; the overall size and financial resources of the facility; the employer's overall operation, including the composition, structure, and functions of its workforce; and the geographic, administrative, and fiscal relationship between the facility and the employer or any parent organization.

What is the role of collective barganining agreements?

Collective bargaining agreements can be taken into consideration when making a reasonable accommodation or when deciding whether an accommodation will cause undue hardship.

How are the essential functions of a job determined?

The employer can decide what the essential functions are. However, other considerations include written job descriptions and experience of past and current incumbents.

Specifically, the ADA prohibits:

• discriminating against an applicant or current employee with a disability because costs will increase — including fringe benefits and training costs.
  
  
• using qualifying standards, employment tests, or other criteria that screen out an individual or class of persons with a disability unless such standards are job-related and consistent with business necessity.
  
  
• conducting pre-offer medical examinations or inquiries. Post-offer, pre-employment medical exams can be conducted only if all entering employees in the job category are subject to such an examination. The employer must keep all medical results in a separate file and treat them in a confidential manner.
  
  

Which employers need to comply?

All employers and labor unions with 15 or more employees as defined under Title VII of the Civil Rights Act of 1964 must comply. Any amendments to the Civil Rights Act, such as jury trials or compensatory damages, will automatically apply to the ADA.

For assistance in choosing a reasonable accommodation call the Job Action Network (JAN) at 1-800-526-7234 of email at jan@jan.icdi.wvu.edu.