Americans with Disabilities Act (ADA) Compliance

Equality for employers and employees can be achieved

By Carrie Thorson, Reporter, Institutional Investor Newsletters

The Americans with Disabilities Act (ADA) provides certain rights for disabled individuals in the workplace as well as areas such as public services and transportation, public accommodations and telecommunications. In the workplace, the ADA applies to companies with 15 or more employees. The purpose of the ADA is to protect equality. Equality and comfort for employers and employees alike can be achieved with relative ease when employers take the following course of action:

Prepare a clear description of the job.
Know who is disabled before and after the hiring process.
Institute a policy of nondiscrimination.
Provide reasonable accommodations for disabled employees.

Know what's covered by the ADA

Find how to make your workplace ADA compliant, and understand what the term disability covers.
Try: The U.S. Equal Employment Opportunity Commission enforces the ADA. They publish assistance manuals, conduct training classes, and seek to assist employers in 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.
Try: 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.
Try: Find a list of questions you can and can't ask before and after the interview process on the American Bar Association website.

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.
Try: 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."
Try: Get help forming a company policy from the Disability Law Resource Project.

Using illegal drugs is not protected by the ADA.
Changes in insurance plans are not required, and extremely special treatment is not necessary. Complying with the ADA allows disabled people to enjoy the same work environment and benefits as other employees.