Americans With Disabilities Act

ARE YOU IN COMPLIANCE WITH ADA?
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination in access to services and employment against persons who are disabled. The ADA, Public Law 101-336, was enacted on July 26, 1990. The ADA has varying implementation and effective dates for different sections.

• July 26, 1990 - enacted


• July 26, 1992 - 25 or more employees


• July 26, 1994 - 15 or more employees


• The EEOC determines regulatory guidelines

Disability:

Defined as anything that limits one or more major life activities (sight, hearing, walking, etc.)
Impact:

• Interviewers are not allowed to ask questions about or discuss a disability - They can ask questions based on ability to accomplish specific tasks of position, i.e. what accommodation might be necessary.


• Reasonable accommodation will be expected.


• Job descriptions and specifications are a vital part of the employment process (essential and non-essential elements of a job need to be detailed).


• A Written compliance policy with data collection and evaluation criteria are required.


• Corporate supervisors and managers must develop the knowledge and ability to discuss disability related issues.


• Disability related information about workers should be maintained in a separate location from the personnel files (available on need-to-know basis only).


• Confidentiality must by enforced.


• Sources are needed to provide information about disabled workers, accommodations, conditions, etc.


• Prepare for customer inquiry/complaints - Who is going to handle the comments?


• Employee/customer awareness programs may be needed.

ADA Related Links

• American Foundation for the Blind 202-457-1487


• Architectural and Transportation Barriers Compliance Board Building accessibility 800-USA-ABLE


• Equal Employment Opportunity Commission (EEOC) ADA assistance enforcement 800-669-EEOCM


• IBM's Special Needs Information Referral Center Adaptive technology 800-426-2133


• Job Accommodation Network International toll-free consulting service provides information about job accommodations, ADA and the employability of people with disabilities 800-526-7234 (V/TTY)


• National Institute on Deafness and Other Communication Disorders 202-651-5051


• Resources for Adults with Disabilities


• Answers to 21 Questions About ADA


• How Do The State Workers' Compensation Laws Interact With The ADA?




• Who Wins Most in ADA Lawsuits — Employers Or Employees?


• 17 Most Common Myths About the ADA Answered By The Justice Department

A recently published EEOC handbook can help. "The Americans With Disabilities Act: A Primer for Small Business" outlines the provisions of the law, provides compliance tips and gives examples.

For this and other great books can be found at the EEOC website:
www.eeoc.com

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