Americans with Disabilities Act (ADA) Your Questions Answered

Who does ADA protect? This act protects qualified people with disabilities against discrimination in the workplace. Note: “qualified people with disabilities” includes people with impairments that limit activities such as hearing or seeing, yet can still perform the essential job duties.

Who else does ADA protect? Employees associated with people with disabilities People with visible impairments that don’t necessarily limit their abilities. For example, an employer may not want to hire a person with a physical disfiguration because of negative customer reactions to this person. A person who is recovering from a serious illness, such as cancer

Who is not covered by ADA? Someone with a temporary condition, such as a broken bone or a sprain.

Who has to abide by ADA? ADA is a law that applies to all employers and employees in the: Private sector State and local governments Employment agencies Labor unions

Does a person with a disability get preferential treatment under ADA? No, the point of ADA is to provide equal employment opportunities to everyone, which includes fair and just treatment to those who do not have disabilities. This also applies to attendance policies; no one employee gets more days off than the other and everyone is entitled to their specific amount of sick time.

What are the rights involved? If a person can perform the essential functions of a job despite their disability, they have every right to be a part of the workplace. If the disabled employee needs reasonable accommodations to complete the job, the employer should provide them.

What do you mean by “reasonable accommodations”? Employees with disabilities are entitled to the same privileges as their co-workers and accommodations should be made to ensure this, as long as they do not interfere with the business’s finances, resources, and structure. These accommodations include adjusting schedules, providing interpreters, rearranging furniture, and installing access equipment.

Does ADA expect businesses to go beyond their financial means to provide these accommodations? No, these modifications must be within reason and should not be made unless the business is financially and structurally able to handle them. Accommodations such as sign language interpreters can be substituted for by writing notes if an interpreter is not in the budget.