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What is the ADA?
The Americans with Disabilities Act of 1990 (ADA) is the most significant civil rights legislation to be enacted by congress since the Civil Rights Act of 1964. The ADA makes it illegal to discriminate against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accomodations and telecommunications. Not complying with the ADA may result in time-consuming complaints and possible penalties issued by the government.
Who is covered by the ADA?
- Employers with 15 or more employees
- State and Local Governments
- Public and private schools
- Hospitals and dental offices
- Restaurants
- Hotels and Motels
- Grocery and retail stores
- Shopping malls
- Libraries and museums
- Banks
- Theaters
- Amusement and recreation parks
Americans With Disabilities Act Summary
This is a synopsis of the ADA and how it could affect your business. Employers with 25 or more employees have been covered since July 26, 1992, and those with 15 or more have been covered since July 26, 1994. A booklet titled The Americans with Disabilities Acts, Questions and Answers, published by the Civil Rights Division of the U.S. Department of Justice, explains the ADA's purpose in the following terms:
The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.
Employment discrimination is prohibited against "qualified individuals with disabilities." Persons discriminated against because they have a known association or relationship with a disabled individual also are protected. The ADA defines an "individual with a disability" as a person who has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment.
The first part of the definition makes clear that the ADA applies to persons who have substantial, as distinct from minor, impairments, and that these must be impairments that limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working.
An individual with epilepsy, paralysis, a substantial hearing or visual impairment, mental retardation, or a learning disability would be covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be covered.
A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual will not be considered unqualified simply because of inability to perform marginal or incidental job functions except for limitations caused by a disability. The employer must consider whether the individual could perform these functions with a reasonable accommodation.
Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has the same rights and privileges in employment as non-disabled employees. The Americans with Disabilities Act works to protect the underrepresented.
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