An Employer's Guide to the Americans With Disabilities Act

An Employer's Guide to the Americans With Disabilities Act

Postol, Lawrence
Kadue, David

This paper explains the provisions of the 1990 Americans With Disabilities Act (ADA) of the U.S. Enacted on July 27, 1990, ADA is a wide-ranging law that creates new rights and extends existing rights for an estimated 43 million Americans who have disability. The ADA prohibits discrimination against persons with disabilities in employment (Title I); governmental programs and services (Title II); public accommodations and services, including hotels, restaurants, retail stores, service establishments, and other public facilities (Title III); and telecommunications (Title IV). For employers, the heart of the ADA is its requirement that the employer make reasonable accommodations, which are not an undue hardship, so that any qualified individual with a disability can perform the essential functions of a job. While these terms may seem simple, the reasonable accommodation requirement can impose a tremendous financial burden on a business and employers will often not know what is enough. In addition, the ADA restricts the use of pre-employment medical questionnaires and examinations, and requires justification for employment tests, standards, and criteria that tend to screen out disabled persons. Many employers will have to revise their hiring procedures and work assignment practices in order to comply with the ADA, or face an onslaught of litigation for back pay, reinstatement, attorney fees, and possibly compensatory and punitive damages to determined by a jury. INSET: Age Bias Suit Was Filed Within Time Limits.

Labor Law Journal.

1991-07

PDF

Postol, Lawrence P., and David D. Kadue. “An Employer’s Guide to the Americans With Disabilities Act.” Labor Law Journal 42, no. 6 (June 1991): 323–42. https://search-ebscohost-com.libproxy.scu.edu/login.aspx?direct=true&db=bth&AN=5872474&site=eds-live.