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Understanding the
Americans with
Disabilities Act
Title I of the Americans with
Disabilities Act of 1990, which took effect July 26, 1992, 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. An individual with a
disability is a person who:
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Has a physical or mental impairment that substantially limits one or more
major life activities;
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Has a record of such an impairment; or
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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:
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Making existing facilities used by employees readily accessible to and
usable by persons with disabilities.
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Job restructuring, modifying work schedules, reassignment to a vacant
position;
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Acquiring or modifying equipment or devices, adjusting modifying
examinations, training materials, or policies, and providing qualified
readers or interpreters.
An employer is required to make an 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.
Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature or severity
of a disability. Applicants may be asked about their ability to perform specific
job functions. A job offer may be conditioned on the results of a medical
examination, but only if the examination is required for all entering employees
in similar jobs. Medical examinations of employees must be job related and
consistent with the employer's business needs.
Drug
and Alcohol Abuse
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA, when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
EEOC Enforcement of the ADA
The U.S. Equal Employment Opportunity Commission issued regulations to
enforce the provisions of Title I of the ADA on July 26, 1991. The provisions originally took effect on July 26, 1992, and
covered employers with 25 or more employees. On July 26, 1994, the threshold dropped to include employers with 15 or more employees.
Filing A
Charge
If
you have been discriminated on the basis of disability, you are entitled to a
remedy that will place you in the position you would have been in if the
discrimination had never occurred. You may be entitled to hiring, promotion,
reinstatement, back pay or other
Charges
of employment discrimination on the basis of disability, based on actions
occurring on or after July 26, 1992, may be filed at any field office of the
U.S. Equal Employment Opportunity Commission. Field offices are located in 50
cities throughout the Unites States and are listed in most telephone directories
under "U.S. Government." Information on all EEOC-enforced laws may be
obtained by calling toll-free on 800-669-EEOC. EEOC's toll-free TDD number is
800-800-3302. This fact sheet is available in alternate formats, upon request.
Contact Dave Jackson
at:
PhillyAWAKE@scoop0901.net
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