ADA Rules for Employment

Author: Sandi Baker
Published: 2009/01/27 - Updated: 2019/02/14
Topic: Americans with Disabilities Act (ADA) - Publications List

Page Content: Synopsis - Introduction - Main

Synopsis: Employment for disabled workers is protected under the Americans with Disabilities Act however those with disabilities find this process difficult.

Introduction

Employment for disabled workers is protected under the Americans with Disabilities Act. However many times those with disabilities find this process as a whole difficult. The main reasons are:

Focus

• The employer perceptions of those with disabilities
• Improper questions given during the interview process
• Employers are distracted regarding the disability and thus are not really interviewing
• That adaptive technology, or only small accommodations will be needed for disabled people to perform their jobs

So what are the ADA rules?

• Before Hiring-The pre-employment testing must reflect the skills, aptitude, and factors of the applicant.
• Pre-employment inquiries that can be made-The employer may make inquires regarding the prospective employee. This pertains to performing their job functions and how they will do such functions.
• Before Hiring, but after Making an Offering for Such-A medical examination can be required but only if it is the same as all employees are subjected to regardless of a disability. This is only after making an offer for employment!
• Accommodations'- Employers many make inquires as to how the employee will perform the job such as what accommodations the employee will need.

When it comes to reasonable accommodations what does the ADA say?

Reasonable accommodations:

The term "reasonable accommodation" may include:

• (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
• (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

Sec.12112. Discrimination

• (a) General rule? No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
• (b) Construction? As used in subsection (a) of this section, the term "discriminate" includes
• (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;
• (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this sub-chapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs);
• (3) utilizing standards, criteria, or methods of administration
• (A) that have the effect of discrimination on the basis of disability;
• (B) that perpetuates the discrimination of others who are subject to common administrative control;
• (4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;
• (5) (A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or
• (B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;
• (6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and
• (7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).""AMERICANS WITH DISABILITIES ACT OF 1990", ADA Title 1

Armed with this information the disabled person has a level playing field for seeking employment.