Understanding The ADA - Americans With Disabilities Act

The Americans with Disabilities Act of 1990 has the most far-reaching impact on the U.S. workplace since the Civil Rights Act of 1964.

Yet many Americans remain uncertain about:

  • Their rights and responsibilities under the law
  • Such key terms as disability, qualified and reasonable accommodation
  • How to interact effectively and legally with persons with disabilities, in all aspects of employment.

This series of articles unlocks such uncertainty ... and will enable you to:

  • Comply fully with the law ... and
  • Forge a productive and harmonious workforce, affording equal opportunity to all.

Why ADA

Some 54 million Americans have a disability. Many of us will at some point during our life.

But, as of 1990, when the ADA was passed, only 1 of 3 had jobs; and only 1 of 4 of those with a job worked full time. In case there is any doubt, the vast majority (83% according to one survey) want to work.

There are many heartwarming, inspirational stories of people with disabilities who have fulfilled their dreams due to ADA. Our personal favorite is about the professional golfer, Casey Martin...

Casey Martin is a former NCAA golf champion with a circulatory disorder that made his right leg extremely weak. This disability did not interfere with his ability to swing the golf club, but it did require him to use a golf cart to get around the course.

That was OK with the NCAA, but not with the PGA Tour ... until an ADA-based court ruling (upheld by the Supreme Court in 2001).

By the way, Casey's teammate in that 1994 NCAA Championship win was none other than Tiger Woods. Who knows what Casey could have achieved during those years that he was excluded from the circuit.

There has been considerable controversy surrounding this case, on which we'll comment in our other articles in this series.

Essence of the Act

The ADA prohibits discrimination on the basis of disability in:

  • State and local government
  • Commercial facilities & public accommodations
  • Transportation and telecommunications
  • Educational institutions
  • Employment

These articles relate to Title I of the Act, which deals with your responsibilities as an employer.

Title I requires employers (with 15 or more employees) to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.

For example:

  • Title I prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment.

  • It restricts questions that can be asked about an applicant's disability before a job offer is made ... and

  • It requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities (unless it results in undue hardship).

    • Each of the above italicized terms needs definition and clarification, which is provided in our articles on each term.

    But first, we recommend that you read our article on concepts and language.

    The Grimmes conduct customized onsite training workshops and large group presentations for organizations in every sector of the economy. Their groundbreaking book on managing people in today's workplace will be published by AMACOM in the second half of 2008. Visit their main website at http://www.GHR-Training.com and topic-specific http://www.Employee-Retention-HQ.com ... and read issues of their own e-newsletter at http://www.WorkplacePeopleSolutions.com

    Source: www.isnare.com