Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits
discrimination on the basis of disability in all employment practices. It is necessary to understand several
important ADA definitions to know who is protected by the law and what constitutes illegal
discrimination. See the federal government’s website ADA.gov for general information on the ADA.
The Equal Employment Opportunity Commission (EEOC) has
provided definitions under the ADA as follows:
Individual with a Disability
An individual with a disability under the ADA is a person
who has a physical or mental impairment that substantially limits one or more major life activities, has a record
of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an
average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking,
learning, and working.
Qualified Individual with a
Disability
A qualified employee or applicant with a disability is
someone who satisfies skill, experience, education, and other job-related requirements of the position held or
desired, and who, with or without reasonable accommodation, can perform the essential functions of that
position.
Reasonable Accommodation
Reasonable accommodation may include, but is not limited to,
making existing facilities used by employees readily accessible to and usable by persons with disabilities; job
restructuring; modification of work schedules; providing additional unpaid leave; 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. Reasonable accommodation may be necessary to apply for a
job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people
without disabilities. An employer is not required to lower production standards to make an accommodation. An
employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.
Undue Hardship
An employer is required to make a reasonable accommodation
to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the
employer's business. Undue hardship means an action that requires significant difficulty or expense when considered
in relation to factors such as a business' size, financial resources, and the nature and structure of its
operation.
Prohibited Inquiries and
Examinations
Before making an offer of employment, an employer may not
ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their
ability to perform job functions. 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 the same job category. Medical examinations of
employees must be job-related and consistent with business necessity.
Drug and Alcohol Use
Employees and applicants currently engaging in the illegal
use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of
drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical
examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the
same standards of performance as other employees.
Cases raising ADA claims are fact-specific, so your case
must be evaluated in light of the circumstances of your employment.
Do not be intimidated or fearful
if you have an issue related to your pay. You have legal rights and options that exist to protect you, the
employee.
At the law firm of Gilman and Pastor, we pride ourselves on offering experienced legal counsel to employees
nationwide.
Contact us for a Confidential Consultation to protect Your Employment
Rights.
Call Gilman and Pastor toll free 877-428-7374
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