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BLR’s Human Resources Training Presentations

The Americans withDisabilities Act (ADA): Part I

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Goals

Determine which employees are covered.Know how to handle pre-employment

inquiries.Know how to handle post-offer inquiries and

examinations.Determine which events disqualify employees.Understand the definition of an “undue

hardship.”

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Basic Statutory Obligations

Disability discrimination by employers prohibited

Reasonable accommodation required

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Covered Employees

Private employers and employment agencies with 15 or more employees

State and local governments, but not the federal government

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Qualifying Events

Qualified individual must have a physical or mental impairment that substantially limits a major life activity; OR

A “record of” such impairment; ORBe “regarded” by others as having such an

impairment.

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Employee Eligibility

Qualified individual with a disability

Can perform the job with or without reasonable accommodation

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Notice and Posting Requirements

Notice must be posted that describes the protections of the ADA

Put in posters and employee handbooks

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Pre-Employment Inquiries

May ask about reasonable accommodation when:

–Applicants are told what the hiring process involves (e.g., a written test)

–Employer knows that an applicant has a disability (obvious or voluntarily disclosed)

– It is described or demonstrated how the applicant would perform the job

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Post-Offer Inquiries and Examinations

Reasonable accommodation and documentation

Pre-employment physicalMedical exams and disability inquiries

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Employee Notice

Employee must self-identify if disability is not obvious.

Eligible employee and employer must discuss reasonable accommodation.

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Medical Certification

After an offer, certification is permitted to establish need for reasonable accommodation

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Independent Medical Examinations

When disability documentation is insufficient

Conducted at the employer’s expense

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Disqualifying Events

Failure to provide necessary medical information

Refusal of a reasonable accommodation

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Undue Hardship

Accommodation not required.

Consider the nature and cost of the accommodation.

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Substance Abuse

Alcoholism covered as a disabilityCurrent illegal drug use not coveredDrug tests not prohibited

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Other Exceptions

Direct threat to health or safety

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Attendance Policies

No-fault leave policies allowed

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Summary

The ADA does not interfere with an employer’s right to hire the best qualified applicant.

The ADA covers employers and employment agencies with 15 or more employees.

The qualified individual must have a physical or mental impairment that substantially limits a major life activity.

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Summary (cont.)

The individual must be a qualified individual with a disability who can perform the job with or without reasonable accommodation.

Under ADA, an employer may not ask about the existence, nature, or severity of a disability until after the employer has made the applicant a conditional job offer.

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Quiz

1. ADA gives people with disabilities favored status in employment decisions. True or False

2. ADA gives equal opportunities to disabled persons who have the required background and can perform a job’s essential functions. True or False

3. To comply with ADA when interviewing job applicants, you may ask:a. “Do you have a disability?”b. “Are you able to perform such and such a task?”c. “Will your wheelchair prevent you from getting

around the office?”

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Quiz (cont.)

4. It’s fair to make assumptions about what a person with an obvious disability can or can’t do.

True or False

5. Employers can refuse to make any reasonable accommodations for the disabled as long as that fact is clearly stated in their handbook.

True or False

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Quiz Answers

1. False. It gives qualified people with disabilities equal opportunities.

2. True.3. b. “Are you able to perform such and such a task?”4. False. You shouldn’t make any assumptions based

on disability. As with everyone, you have to judge the individual’s qualifications and abilities.

5. False. Employers must make reasonable accommodations unless they pose an undue hardship in terms of difficulty or cost.