Appendix A: The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is modeled after the Rehabilitation Act of 1973 and the Civil Rights Act of 1964. The purpose of the ADA is to ensure civil rights protections to people with disabilities.

The ADA prohibits discrimination on the basis of disability in the private sector and in state and local governments. In addition to prohibitions against discrimination in employment, the ADA also prohibits discrimination in public accommodations and services, transportation provided by public and private entities, and in the provision of telecommunication services.

TITLE I OF THE ADA: EMPLOYMENT

The ADA requires nondiscrimination in all employment practices on the basis of disability, and specific actions to ensure equal employment opportunity. The ADA's employment provisions cover all employers who have 15 or more employees, the same scope of coverage which exists under Title VII of the Civil Rights Act of 1964. Under the ADA, an employer may not discriminate against a person with a disability when the person is qualified to perform the essential functions of the job, with or without a reasonable accommodation.

DISABILITY DEFINED

• A person who:

- Has a physical or mental disability which substantially limits a major life activity, or

- Has a record of such disability, or - Is regarded as having such an disability

• Same as definition in the federal Rehabilitation Act of 1973, as amended.

EXAMPLES OF MAJOR LIFE ACTIVITES DEFINED, but not limited to

• Seeing
• Learning
• Hearing
• Breathing
• Walking
• Working
• Caring for oneself

PHYSICAL OR MENTAL DISABILITY DEFINED, but not limited to

• Physiological disorder or condition, cosmetic disfigure- ment, or anatomical loss
• Mental or psychological disorder, such as mental retardation, emotional or mental illness, specific learning disabilities.
  May include:
  - cerebral palsy
  - epilepsy
  - muscular dystrophy
  - multiple sclerosis
  - AIDS
  - cancer
  - heart disease
  - diabetes
• Does not include:
  - minor or temporary disabilities
  - simple physical characteris
  - tics, such as hair or eye color
  - environmental or cultural disadvantages
  - current illegal use of drugs
  - transvestism
  - homosexuality
  - sexual behavior disorders
  - compulsive gambling
  - kleptomania
  - pyromania

QUALIFIED INDIVIDUAL WITH A DISABILITY DEFINED

Person must be a "qualified" individual with a disability to be protected under the ADA. An "individual with a disability" as defined by the ADA is one who with or without reasonable accommodation can perform the essential functions of the job.

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 DEFINED

Undue hardship is an action requiring significant difficulty or expense when considered in light of factors such as the employer's size, financial resources, and the nature and structure of the operation. Factors to be considered in determining whether an accommodation would cause an undue hardship include:

• the nature and cost of the accommodation;
• the resources and size of the business as a whole and of the facility making the accommodation;
• the type of business operation, function, and structure of the workforce and;
• the impact that the accommoda- tion would have on the facility making it and on the business as a whole.

REASONABLE ACCOMMODATION DEFINED

Reasonable accommodation means that there is some modification in a job's tasks or structure, or in the workplace, which will allow the qualified employee with the disability to do the job. Employers also must make accommodations to enable people with disabilities to participate in the job application process and to enjoy benefits and privileges enjoyed by other employees. The modification or change must be made unless it would be an undue hardship for the employer.

Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with dis abilities;
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

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.

Employers may not ask applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. If the applicant has a known disability that appears to interfere with or prevent job performance, the employer may ask the applicant to describe or demonstrate how he or she would do the job, with or without an accommodation.

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 current employees must be job related and consistent with business necessity. The results of all medical examinations and information from inquiries about a disability must be kept confidential, and maintained in separate medical files.

The ADA explicitly provides that employers may prohibit the illegal use of drugs or alcohol by all employees, may require that employees not be under the influence of alcohol or drugs in the workplace, and may hold a drug user or alcoholic to the same qualifications, performance, and behavioral standards to which all employees are held, even if unsatisfactory performance or behavior is related to the individual's drug use or alcoholism.

Contact the Equal Employment Opportunity Commission for information on the Americans with Disabilities Act employment requirements. Employment questions 800-669-4000 (V), 800-669-6820 (TTY) Employment-documents, 800-669-3362 (V), 800-800-3302 (TTY) Internet address: www.eeoc.gov

TITLE III OF THE ADA: PUBLIC ACCOMMODATIONS

Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation and in commercial facilities. The regulations were published by the Department of Justice and incorporate the ADA Accessibility Guidelines issued by the Architectural and Transportation Barriers Compliance Board as the standard for accessible design. The specific requirements for new construction and alterations in places of public accommodation and commercial facilities are contained in Subpart D of the regulations (Section 36.401 to 36.406, pages 35599 to 35602 and Appendix A (pages 35605 to 35690).

For technical assistance with respect to the ADA Accessibility Guidelines, contact the Architectural and Transportation Barriers Compliance Board at 1-800-USA-ABLE (1-800-872- 2253) (V/TTY) or 202-272-5434 (V), 202-272-5449 (TTY). Contact the Disability Rights Division of the U.S. Department of Justice ADA Information Line for documents, questions and referrals.800-514-0301 (voice), 800-514-0383 (TTY), Electronic bulletin board 202-514-6193; Internet address www.usdoj.gov/crt/ada/adahom1.htm

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