americans with disabilities act organizations must make reasonable accommodation for the physically...

Americans With Disabilities Act

Organizations must make reasonable accommodation for the physically or

mentally disabled, unless to do so would impose an undue hardship

Definition of Disability• Definition

– A physical or mental impairment that substantially limits one or more major life activities

– A record of such impairment, or– Being regarded as having such an impairment

• Courts Consider– Does the plaintiff have an impairment?– Is the life activity affected a major life activity?– Does the impairment substantially limit the activity?– Is the impairment relatively permanent?– Can the person perform the job with or without a

reasonable accommodation?

Major Life Activities• Covered in the ADA

– Walking– Seeing– Hearing– Breathing– Working– Learning– Caring for one’s self

• Not Covered– Working at a particular job or career– Current drug use

Reasonable Accommodations• Making facilities accessible• restructuring jobs• Reassignment to a vacant position• Modifying work schedules• Acquisition or modification of equipment or

devices• Providing readers or interpreters• Changing examinations, training materials, or

policies

Ways to Determine if a Job Function is Essential

• Employer’s judgment• Written job description• Amount of time spent performing the function• Consequence of not requiring the incumbent to

perform the function• Work experience of past job incumbents

Medical Exams and Inquiries

• Prehire medical exams and inquiries are prohibited

• Applicants may be asked if they are able to perform essential job related functions

• Medical exams occur after a conditional offer of employment

Clarifications• Act does not require an organization to hire the

disabled• Act does not require an organization to give

preference to the disabled• Act requires that the disabled be given an equal

opportunity, and if the best qualified, to be given the job