About the ADA

The Americans with Disabilities Act became law in 1992. According to the ADA, a person with a disability is anyone who: has a physical or mental impairment that substantially limits at least one major life activity -- walking, talking, seeing, hearing, learning, breathing, working; or performing manual tasks such as reaching, standing and lifting; has a history of or has recovered from such an impairment as cancer or emotional illness; or is perceived as having an impairment, facial disfigurement, or the mistaken belief that a person is HIV positive or is a person with AIDS.

The ADA prohibits employers from discriminating against people with disabilities in employment, public services, public and private transportation, public accommodations and telecommunications.

As public employees, most AFSCME members were already covered by the Federal Rehabilitation Act (FRA).

The courts have ruled that the FRA does not require an employer to violate a union contract to make accommodations for the disabled. Unions are also subject to the ADA and could be charged with discrimination if they do not attempt to provide reasonable accommodations for members. Therefore, new contracts should conform to the ADA.

Under the law, employers must comply by updating and detailing job descriptions. These descriptions must specify which responsibilities are marginal and which are essential. Job postings must appear in conspicuous places summarizing the ADA.