Four key points of the americans with disabilities act of 1990

As disabled Americans are the largest diversity group in the United States, it is important that prospective disabled candidates, employees, and employers have a strong understanding of their rights and responsibilities in the workplace. Many experts believe that one of the main reasons why the unemployment rate among disabled Americans is so high is because both employers and disabled candidates lack adequate understanding of the benefits, requirements, and protections offered to employers and disabled employees by law. To help employers and disabled candidates better understand their rights and obligations, we have compiled a short list of four key points of the Americans with Disabilities Act of 1990:

1. Under the terms of the Americans with Disabilities Act of 1990 (ADA), employers (government and private employers, employment agencies, labor unions) that employ 15 or more individuals cannot discriminate against qualified disabled job candidates in any employment related activity.

2. The ADA protects persons with a verifiable disability that significantly limits or restricts a major life activity like sight, hearing, walking, breathing, etc., as long as the person meets two qualifications. They must satisfy the job requirements (education, skills, licenses, etc.) and they must be able to perform the essential functions of the job with or without reasonable accommodation. People who use drugs are not protected by the ADA.

3. Employers must provide reasonable accommodation to employees and applicants with disabilities unless the employer can demonstrate that the accommodation will require significant expense or difficulty. Reasonable accommodation means changing the work environment to allow an applicant or employee to participate in the application process, to perform the essential functions of a job, and to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.

4. Employers are allowed to ask applicants if they are able to perform the job and can ask applicants to demonstrate how they will perform the job, but they cannot ask an applicant if he is disabled or ask about the severity of a disability. An employer cannot require a disabled person to take a medical examination before offering him a job, but an employer can condition employment on passing a medical examination, as long as all entering employees in that job category are required to take the same examination.

Individuals who feel that they are victims of disability discrimination generally have 180 days from the time of the alleged discrimination to file a claim. If you feel that you have been discriminated against, contact the U.S. Equal Employment Opportunity Commission.

For more information on the Americans With Disabilities Act of 1990, click here.