JVS QUICK GUIDE TO: Disability Rights And Employment Hayley Stokar, August 2010

The Americans with Disabilities Act (1990) The Americans with Disabilities Act (ADA) ensures equal opportunity for persons with disabilities in employment, State and local government services, businesses that are public accommodations or commercial facilities, and in transportation.

Definitions An individual with a disability: 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. A qualified employee with a disability: Is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

Title I Title I of ADA applies to private employers and state or local governments as employers. Title I prohibits employers, employment agencies, labor unions and joint labor-management committees from discriminating against persons with disabilities. Title I applies only to employers with 15 or more employees. An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an undue hardship.

“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, modifying work schedules, 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.

“Undue Hardship” Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

It is completely illegal to… Say “we don’t hire people with disabilities” Not provide a Sign Language interpreter for orientations and important meetings Post a job that says “hearing” or “non-disabled only” Refuse a qualified worker and interview or a job based on a disability Terminate a worker for a disabling condition that does NOT interfere with their ability to do the work with or without reasonable accommodation.

Resources Americans with Disabilities Act National Association of the Deaf ADA Information Line (voice) Equal Employment Opportunity Commission (voice)