Americans with Disabilities Act (ADA)

Background

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, and is regarded as one of the most significant employment laws enacted since the Civil Rights Acts were passed in 1964. Title I of the Act became effective July 26, 1992. Title III, concerning discrimination in public accomodations was effective in January 1992.

Provisions

The Act forbids discrimination against a qualified individual with a disability because of the disability 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.

The act permits medical examinations only if all applicants for the position applied for are required to undergo physical examination.

The Act prohibits pre-employment inquiries about "disabilities." The employer may ask questions about the ability to perform specific job functions and may, within reasonable limitations ask an applicant with a disability to describe or demonstrate how he or she would perform the essential job functions.

The Act forbids certain actions by an employer such as threats, retaliation, or coercion directed against anyone who has opposed actions prohibited by the ADA or who has participated in an investigation or proceeding under the Act.

The employer must be willing to make "reasonable accommodations" to the known physical limitation of an otherwise qualified individual with a disability, unless doing so would impose an "undue hardship."

The employer must prepare a job description outlining the "essential functions" and "peripheral functions" of the job before advertising and interviewing for a position opening. The applicant must be given access to the written job description.

The employer must notify job applicants and employees of its obligation to provide accommodation for otherwise qualified individuals with disabilities.