Americans With Disabilities Act (ADA)

Know what's covered by the ADA Find how to make your workplace ADA compliant, and understand what the term disability covers.

I recommend:  The U.S. Equal Employment Opportunity Commission enforces the ADA. They publish assistance manuals, conduct training classes, and seek to assist employers in compliance. Check this guide to ADA compliance.

Determine what functions of the job are Essential functions are tasks that are crucial to getting the job done. An employer does not have to hire someone with a disability who truly cannot perform the essential functions of the job, but the employer also cannot refuse an applicant if the disabled person cannot complete marginal tasks.

I recommend:  Prepare a thorough job description with the essential functions of the job.

Exercise caution during the hiring process Disabled employees are only covered by the ADA if the employer is aware of the disability. Employers must practice caution during the hiring process; the ADA prohibits pre-employment questions that are not specifically related to the essential functions of the job. Pre-offer medical examinations are forbidden, but post-offer examinations are allowed.

I recommend:  Find a list of questions you can and can't ask before and after the interview process on the American Bar Association Web site.

Facilities must be accessible Reasonable accommodations allow disabled employees to perform the essential functions of the job and complete the application process, avoiding discrimination from the get-go. Reasonable accommodations may include modifying equipment, modifying work schedules, providing readers and interpreters, and/or reassignment. If the 'reasonable' accommodation is far from reasonable and creates undue hardship, it is not necessary. Undue hardship refers to cost and to disturbance of the environment.

I recommend:  Get advice on reasonable accommodations from the U.S. Department of Labor Compliance. The Justice Department provides an overview of the ADA standards for accessible design.

Review or create your policy Review all existing company handbooks and manuals to be sure that they prohibit discrimination based on disability. Consider including a statement such as, 'Reasonable accommodations will be made for job applicants with disabilities barring undue hardship.'

I recommend:  Get help forming a company policy from the Disability Law Resource Project. Review your rights and responsibilities as an employer at the Job Accommodation Network.