Many businesses, large and small, know far too little about the Americans with Disabilities Act (“ADA”). The ADA is a Federal law that gives broad ranging protections to millions of employees that suffer from certain disabilities. The ADA applies to private businesses, state and local government agencies, employment agencies and also to labor unions. For purposes of this article, only the applicability of the ADA to private businesses will be addressed.
Is My Business Covered Under The ADA?
Private businesses with 15 or more employees are currently covered by the ADA.
How Does The ADA Impact Covered Businesses?
Covered private employers are prohibited from discriminating against employees or employee applicants with a qualified disability in all employment related practices, including but not limited to application procedures, hiring and firing policies, compensation, training and other employment related activities.
What Employees Are Covered Under The ADA?
All employees and applicants of a covered business, with a “qualified disability” as defined by the ADA, may be covered by the ADA.
What Is A “Disability” Under The ADA?
Under the ADA, an employee with a qualified disability is regarded as one of the following:
- One that has a physical or mental impairment that substantially limits one or more life activities. The ADA makes a distinction between major and minor conditions and only those employees with major conditions that substantially limit life activities cause someone to have a qualified disability. Individuals with short term or minor conditions do not qualify as disabled under the ADA.
- One that has a record of such impairment. For example, a person with a past history of a disability, such as someone that has recovered from cancer, can qualify for protection under the ADA.
- One that is regarded as having such impairment. This aspect protects a person that has the appearance of a disability, i.e. someone that becomes severely disfigured that may cause an employer to consider terminating employment of the employee for fear of losing customers.
What Happens When An Employee Presents With A Disability?
The ADA mandates that covered employers work to offer a “reasonable accommodation” to an employee with a qualified disability. A reasonable accommodation, for an existing employee, is any adjustment or modification to a job or work environment that will allow a qualified employee with a disability to perform the duties of the job. This is not a black and white standard. The ADA does not require a reasonable accommodation to be made if it would result in an “undue hardship” to the employer. Undue hardship is defined as an “action requiring significant difficulty or expense.” The courts will look to a number of factors and determine whether an undue hardship exists on a case by case basis. One of the factors includes the size and resources of the employer.
It is imperative to know if the ADA applies to your business. It is also crucial to have policies and procedures in place to allow for smooth compliance with the ADA when the need arises. Failure to comply with the ADA provisions by a covered employer could result in substantial fines and lawsuits being filed against your business. The intentional failure of a covered employer to make a good faith effort to find a reasonable accommodation, can result in the imposition of punitive damages and fines.
For more information about the ADA, or this article, please feel free to contact John W. Albee at Albee Law PC via telephone (312) 279-0115 or via email at jalbee@albeelaw.com.
