Americans with Disabilities Act (ADA) Flashcards
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a landmark civil rights law that prohibits discrimination against individuals with disabilities in various areas of public life. Below is a comprehensive overview of the ADA’s requirements and policies:
Scope of the ADA
The ADA applies to the following areas:
* Employment (Title I)
* State and Local Government (Title II)
* Public Accommodations (Title III)
* Telecommunications (Title IV)
* Miscellaneous Provisions (Title V)
Disability: defined
- A physical or mental impairment that substantially limits one or more major life activities.
- A history of such an impairment.
- Being regarded as having such an impairment.
Qualified Individual: defined
- Someone who meets the skill, experience, and education requirements of a job and can perform the essential functions with or without reasonable accommodation.
ADA Title I: Employment
Applies to employers with 15 or more employees and includes the following requirements:
Prohibited Discrimination
* Employers cannot discriminate against qualified individuals with disabilities in:
* Recruitment, hiring, promotions, or terminations.
* Compensation, training, or other employment privileges.
Reasonable Accommodations
- Employers must provide reasonable accommodations unless doing so poses an undue hardship (significant difficulty or expense). Examples include:
- Modifying work schedules.
- Adjusting or acquiring equipment.
- Providing assistive technology.
- Reassigning non-essential job duties.
- Allowing service animals at work.
Interactive Process
- Employers and employees must engage in a dialogue to determine effective accommodations.
Medical Examinations and Inquiries
- Employers cannot ask about disabilities before making a job offer.
- Post-offer inquiries must be job-related and consistent with business necessity.
ADA Title V: Miscellaneous Provisions
- Prohibits retaliation or coercion against individuals asserting their ADA rights.
- Includes rules for insurance, drug testing, and other broader applications.
Key Employer Obligations
- Reasonable Accommodations:
- Employers are not required to lower performance standards.
- Employers must provide accommodations unless it causes undue hardship.
- Confidentiality:
- Employers must keep medical information confidential.
- Job Descriptions:
- Clearly define essential functions of each role to manage accommodation requests.
Missouri-Specific Requirements
- Covers employers with 6 or more employees (compared to 15 under ADA).