Transcript Americans With Disabilities Act

Americans With Disabilities Act
Organizations must make reasonable
accommodation for the physically or
mentally disabled, unless to do so would
impose an undue hardship
Definition of Disability
• Definition
– A physical or mental impairment that substantially limits
one or more major life activities
– A record of such impairment, or
– Being regarded as having such an impairment
• Courts Consider
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Does the plaintiff have an impairment?
Is the life activity affected a major life activity?
Does the impairment substantially limit the activity?
Is the impairment relatively permanent?
Can the person perform the job with or without a
reasonable accommodation?
Major Life Activities
• Covered in the ADA
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Walking
Seeing
Hearing
Breathing
Working
Learning
Caring for one’s self
• Not Covered
– Working at a particular job or career
– Current drug use
Reasonable Accommodations
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Making facilities accessible
restructuring jobs
Reassignment to a vacant position
Modifying work schedules
Acquisition or modification of equipment or
devices
• Providing readers or interpreters
• Changing examinations, training materials, or
policies
Ways to Determine if a Job
Function is Essential
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Employer’s judgment
Written job description
Amount of time spent performing the function
Consequence of not requiring the incumbent to
perform the function
• Work experience of past job incumbents
Medical Exams and Inquiries
• Prehire medical exams and inquiries are
prohibited
• Applicants may be asked if they are able to
perform essential job related functions
• Medical exams occur after a conditional offer of
employment
Clarifications
• Act does not require an organization to hire the
disabled
• Act does not require an organization to give
preference to the disabled
• Act requires that the disabled be given an equal
opportunity, and if the best qualified, to be given the
job