James R. Lindner
"With today's signing of the landmark Americans with Disabilities Act, every man, woman and child with a disability can now pass through once closed doors into a bright new era of equality, independence and freedom."
President George Bush, July 26, 1990
The intent of the law is to provide a national mandate for the elimination of discrimination against individuals with disabilities and to increase the overall awareness that over 43,000,000 Americans are disabled and the rate is growing as our average population age increases.
The Act defines a disabled person as "one who has a physical or mental impairment that substantially limits one or more life activities; or has a record of such an impairment; or is regarded as having such an impairment."
Unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination.
Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective work rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities.
There are five parts or titles and various subparts to ADA:
While each title of ADA is important, Titles 2, 3, 4, and 5 are beyond the scope of this factsheet and will not be addressed. Information on the Titles 2, 3, 4, and 5 will be provided in future factsheets. Businesses should be aware of the titles not addressed here and are accountable under the law for complying with the titles and subparts that pertain to them.
Since July 26, 1992, employers with 25 or more employees were responsible for adhering to the employment provisions of the Americans with Disabilities Act of 1990. Since July 26, 1994, employers with 15 or more employees were responsible for adhering to the employment provisions of the ADA.
In employment, discrimination is prohibited against qualified individuals with disabilities, defined as persons who can with "reasonable accommodation" perform the essential functions of a particular job. Defining "reasonable accommodation" has proven to be a major hurdle in the enforcement of the law. The standard for determining whether a "reasonable accommodation" must be made is determined by whether the accommodation poses an "undue hardship" on the business.
The law defines an undue hardship as an "action requiring significant difficulty or expense." Several factors need to be examined when determining whether a reasonable accommodation poses an "undue hardship"-nature and cost of accommodation, overall resources of the facility and entity, and type of organization.
The employment provisions of the law ensure that persons with disabilities are given the same opportunity to secure employment that nondisabled people take for granted. Discrimination is prohibited in all areas, including selection, promotion, compensation, transfer and recruitment, advertising, hiring and termination, and other terms and conditions of employment. The law does not mandate hiring quotas. However, the law does restrict the employer's ability to question prospective employees about possible disabilities. Prospective employees may have legal recourse over employers if they can prove that their disability was a contributing factor in whether or not they were employed.
Any business actions or decisions pertaining to employment should be based on the results of job analysis. Accurate information on all jobs is necessary to efficiently direct and/or control the organization's operations. Job analysis is useful in defining the "essential functions" of a job. Compliance with the employment provision of ADA should begin with job descriptions.
"For the Purposes of Title I, consideration shall be given to the employer's judgment about what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job."
The Act does not interfere with an employer's authority to establish appropriate job qualifications to hire people who can perform jobs effectively and safely, and to hire the best qualified person for a job. ADA requirements are designed to assure that people with disabilities are not excluded from jobs that they can perform. Job qualifications must be job related (a fundamental reason for the job) and consistent with business necessity (essential functions of a job). Job-related qualification standards include:
The ADA requirements apply to all selection standards and procedures including:
The Equal Employment Opportunity Commission enforces all of the laws regarding the Act. Civil rights laws and laws pertaining to the Act are also enforceable by local, state and federal civil rights enforcement agencies. Individuals may also file private lawsuits.
The following organizations can provide technical assistance and information:
The Equal Opportunity Commission, Washington, DC
1-800-872-3362 (voice)
1-800-872-3302 (TDD)
The U.S. Department of Justice ADA Hotline:
1-202-514-0301 (voice)
1-202-514-0383 (TDD)
Americans with Disabilities Act of 1990, P.L., 101-336
U.S. Equal Employment Opportunity Commission, "A Technical Assistance Manual On The Employment Provisions (Title 1) of the Americans With Disabilities Act," 1992, GPO.
Lindner, James and Reese, Betty, "Defining Essential Functions," 1993, 93-4 Piketon Research and Extension Center.
All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status.
Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.
TDD No. 800-589-8292 (Ohio only) or 614-292-1868