2.4.0 The Americans with Disabilities Act (ADA) and Employment-Related Issues |
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Louisiana Statewide Transition Project and Louisiana: Healthy and Ready to Work Fact Sheet Series |
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11/01/00 |
The Americans with Disabilities Act (ADA) is a civil rights law designed to prevent discrimination based on disability. Title I of the ADA covers employment. Its goal is to ensure that all people have equal access to jobs on the basis of their merit, regardless of whether or not they have a disability.
What does
the ADA do? The
ADA makes employment discrimination against a qualified individual with a
disability unlawful. All aspects of
employment are covered by the ADA, including recruitment, hiring, pay,
benefits, training, job assignments, promotion, leave, lay-offs, and
firing.
Who is
protected? The
ADA protects all qualified individuals with disabilities from
discrimination on the basis of the disability.
Under the ADA, a qualified individual is someone who can perform
the essential functions of a job with or without reasonable
accommodations. He/She must meet job
requirements for skills, experience, and education. The essential functions of a position are defined as
basic duties that are central to the purpose of the job, that take up a large
portion of the time spent at that job, or that cannot be distributed
effectively to other employees.
An individual with a disability under the ADA is one
who: (a) has a physical or mental impairment which substantially limits one or
more major life activities; (b) has a record of such impairment; or (c)
is regarded as having such an impairment.
Major life activities are defined as things that an average
person has little or no difficulty performing, including: walking; speaking;
seeing; caring for oneself; etc. To be
covered by the ADA, the major life activity must be substantially limited due
to a physical or mental impairment.
When determining whether an impairment substantially limits a major life
activity, the nature and severity of the impairment are considered, as are the
length of time the impairment is expected to last and the impairment's
long-term impact.
What
employers are covered? Most,
but not all, employers are covered under the ADA. Employers that are covered by the ADA include private employers
of more than fifteen employees, state and local governments, and employment
agencies. Employers that are not
covered under the ADA include the federal government and corporations owned by
the federal government, Native American tribes, bona fide tax-exempt private
membership clubs, and certain religious organizations. Although the ADA does
not apply to this second group of employers, most are prevented from
discriminating against qualified employees with disabilities by other law(s).
What is
required of the employer? Employers
may not discriminate against employees or job applicants because they may have
a disability. Employers are also
required to make reasonable accommodations so that a qualified person
with a disability can participate in the employment process on an equal basis
with employees without disabilities. Reasonable
accommodations that can make a job available to an employee with a
disability include, but are not limited to: modifications to work space or
equipment; flexibility with schedules, duties, and training; and providing
readers and interpreters.
The reasonable accommodations requirement applies at
every employment stage, from application on, unless doing so imposes an undue
hardship on the employer. An accommodation is considered to impose an undue
hardship on an employer if it is too expensive or disruptive or if it
fundamentally alters the nature of the business. In determining whether an accommodation would impose an undue
hardship, the nature and size of the accommodation are considered in relation
to the size, type, and financial resources of the employer and the facility.
Ruling out one option for accommodation as an undue hardship does not mean that
no other options exist. Other less
burdensome possibilities should be explored, and outside sources can sometimes
provide assistance and funding for accommodations.
Additionally, employers are prohibited from asking
whether an employee is disabled or the nature of a disability. An employer may ask if an employee has the
ability to perform job-related functions.
If a job offer has been made, employment-related medical inquiries and
examinations are permissible, but only if they are required for all employees
hired for similar jobs.
How are
complaints made and what remedies are available? If someone believes that
he/she has been discriminated against in the workplace due to a disability,
he/she should file a charge of discrimination with the Louisiana Commission on
Human Rights or the Equal Employment Opportunity Commission (EEOC) within 300
days of the event. It is recommended
that complaints be made as soon as possible and that they be in writing. The EEOC will investigate and decide whether
to bring an action itself or issue a right to sue letter to the individual who
has been discriminated against. If a
discrimination lawsuit against an employer is successful, the employer can be
forced to provide a job, provide back pay and benefits, pay costs associated
with the suit, and possibly pay damages to compensate for inconvenience,
suffering, and other losses.
Students/Young
Adults:
High school curricula and post-secondary education
programs offer excellent opportunities to develop, improve, and maintain skills
in areas that can increase the likelihood of successful employment. Young adults with disabilities can use the
transition planning process to assist them, their families, and their
service/support providers to explore and become familiar with employment options
and accommodations, as well as with the agencies and staff that provide
employment and related accommodation assessments, services, and supports.
A young adult looking into employment opportunities
should explore any options that interest him/her. If a particular job for which he/she is qualified appeals to
him/her, but presents a challenge due to a disability, he/she should work with
prospective employers, service/support providers, and job accommodation
specialists to identify reasonable accommodations that will allow him/her to
perform the duties of the job. In
addition, if he/she believes that he/she has been discriminated against in the
workplace due to a disability, he/she should file a charge of discrimination
with the Louisiana Commission on Human Rights or the EEOC.
Families:
The transition planning process offers a unique
opportunity for families to be part of a team that can address employment and
other transition-related issues, rather than trying to do so alone. Through consistent and informed
participation as members of their sons’/daughters’ IEP (Individualized
Education Program) Teams, families can help promote and support the development
and attainment of appropriate career goals.
In addition, families can provide a unique role by assisting with the
identification of potential employment challenges that could result from a
disability and then suggesting accommodations that might promote a more
successful employment situation.
Agencies:
High school curricula and post-secondary education
programs are excellent resources for adolescents and young adults with
disabilities to develop, improve, and maintain skills in areas that can
increase the likelihood of successful employment. The transition panning process is a proactive approach regarding
the systematic identification of preferences, desires, aptitudes, and training,
accommodation, and support needs regarding employment outcomes for adolescents
and young adults with disabilities.
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The development and dissemination of this document
were supported in part by funds from the U.S. Department of Education
(Cooperative Agreement #H158A6007, “The Louisiana Statewide Transition
Project: A Multi-Constituency Model”) and the U.S. Department of Health and
Human Services, Maternal and Child Health Program (Grant MCJ-22HRW6,
“Louisiana: Healthy and Ready to Work”). The opinions expressed herein are
solely those of the authors and do not necessarily reflect the policy or
position of the U.S. Department of Education or the U.S. Department of Health
and Human Services, and no official endorsement by either of these two
agencies should be inferred. The LSUMC does not discriminate on the basis of race, color,
national origin, sex, religion, age, or disability in employment or the
provision of services. This document may be duplicated and disseminated in its
original form without obtaining permission. Alternate forms of this document are available upon request at 1-888-942-8104 or TDD 1-504-942-5900. |
During the transition planning process, representatives
from agencies that provide employment services/supports, assessments and
resources for accommodations, and/or funding can be integral members of the
team. In addition, should an
individual with a disability believe that he/she has been discriminated against
in the workplace due to a disability, agencies within communities in Louisiana
can assist in filing a charge of discrimination with the Louisiana Commission
on Human Rights or the EEOC.
IV. RESOURCES/CONTACTS
Advocacy Center
225 Baronne Street, Suite 2112
New Orleans, LA 70112
Toll-free 1-800-960-7705
Equal Employment Opportunity Commission (EEOC)
701 Loyola Avenue
New Orleans, LA 70113
Toll-free 1-800-669-4000
Job Accommodation Network (JAN)
Toll-free 1-800-526-7234 (V/TTY)
http://www.janweb.icdi.wvu.edu/
Louisiana Assistive Technology Access Network
(LATAN)
P.O. Box 14115
Baton Rouge, LA 70898-4115
Toll-free 1-800-270-6185
http://www.latan.org
Louisiana Commission on Human Rights
P. O. Box 94094
Baton Rouge, Louisiana 70804-9094
(225) 342-6969
Louisiana Rehabilitation Services (LRS)
Toll-free 1-800-737-2958
http://www.dss.state.la.us/offlrs
V. REFERENCES
ADA-Title I Technical Assistance Manual
The Americans with Disabilities Act
42 U.S.C. § 12101 et. seq.
The Americans with Disabilities Act:
Your Responsibilities as an Employer
(EEOC-BK-17
1991)
Employment Rights of Individuals with Disabilities
(Advocacy Center)