ADA law is a term most people have heard of but might not know the specifics around it. ADA stands for the Americans with Disabilities Act, which was put into place in 1990 to protect individuals with disabilities in the workplace, education, and other public places. The ADA has been amended over the years to reflect changes in technology and society.
Today, it remains an important piece of legislation that protects the rights of disabled Americans. In this article, we will discuss some of the key provisions of the ADA and how it affects both employees and employers.
What Is the ADA, And What Are Its Key Provisions?
The ADA is a civil rights law that goes against various forms of discrimination against people with disabilities in all areas of public life, including schools, workplace, and other public places. The ADA has two main sections: one that addresses employment discrimination and another that deals with access to public accommodations.
The employment section of the ADA makes it illegal for employers to discriminate against qualified individuals with disabilities in all aspects of employment, including job application procedures, hiring, firing, training, compensation, and other terms and conditions of employment.
The public accommodations section prohibits discrimination in places such as hotels, restaurants, movie theaters, and other places open to the general public.
How Does the ADA Protect Employees with Disabilities?
The ADA protects employees with disabilities in several ways. First, it requires employers to provide reasonable accommodations to their disabled employees unless that action will impose an undue difficulty on the employer. Reasonable accommodations are changes or adjustments to the work environment or the way a job is performed that enables an individual with a disability to participate in the job application process. That includes also being able to carry out some important functions of a job or enjoy some benefits and privileges that are also enjoyed by their fellow abled colleagues.
Some examples of such privileges is availability of reasonable accommodations. And that includes making sure that the existing facilities are easily accessible to even people with disabilities, making adjustments to work schedules, and providing devices or equipment that would facilitate an employee with a disability to perform their job more effectively.
Second, the ADA prohibits employers from using pre-employment medical examinations or inquiring about an applicant’s disability before extending a job offer. However, once an offer of employment has been made, an employer may require a new employee to undergo a medical examination if all new employees in the same job category are required to do so.
An employer may also ask questions about an employee’s ability to perform essential job functions and may require the employee to provide documentation of his or her disability if the employer has a legitimate reason for doing so.
Third, the ADA prohibits employers from retaliating against employees who assert their rights under the ADA or participate in an ADA complaint investigation or lawsuit. It is also unlawful for an employer to try to threaten, coerce, intimidate, or interfere with any individual when they are trying to exercise their ADA rights.
How Does the ADA Protect Employers from Lawsuits?
The ADA provides employers with some protections from lawsuits by employees alleging discrimination. First, an employer may assert what is known as the “direct threat defense.” This defense allows an employer to refuse to hire or to take other adverse action against an individual with a disability if the individual poses a direct threat to the safety or health of himself or herself or others.
To be considered a direct threat, the danger posed by the individual must be significant and cannot be eliminated by reasonable accommodations.
Second, an employer may assert what is known as the “bona fide occupational qualification defense.” This defense allows an employer to discriminate against an individual with a disability if the individual’s disability prevents him or her from performing the essential functions of the job in question. No reasonable accommodation would enable the individual to perform those functions.
Finally, the ADA also protects employers from lawsuits by employees alleging retaliation for asserting their ADA rights.
What Are Some Common Misunderstandings About The ADA?
There are several common misunderstandings about the ADA. One is that the ADA requires employers to provide accommodations to all employees with disabilities, regardless of whether those accommodations are reasonable or necessary. However, as discussed above, the ADA only requires employers to provide reasonable accommodations to any of their employee who are also living with one disability or the other.
Another common misunderstanding is that the ADA requires employers to make all workplaces accessible to individuals with disabilities. This is not the case. The ADA only requires employers to make reasonable modifications to their facilities and equipment to provide access to individuals with disabilities.
Lastly, a common misunderstanding about the ADA is that it only applies to large businesses. On the contrary, the ADA applies to all employers with 15 or more employees.
How Has the ADA Evolved Over Time?
The ADA has undergone a number of changes since it was first enacted in 1990. However, perhaps the most significant change came in 2008 when Congress amended the ADA to include coverage for individuals with impairments that are not visible, such as diabetes and mental illness.
Another significant change to the ADA came in 2010 when Congress enacted the ADA Amendments Act. The ADA Amendments Act made several changes to the definition of “disability,” making it easier for individuals with disabilities to meet and qualify for protection under the ADA.
Finally, in 2016, the U.S. Department of Justice issued new regulations clarifying and expanding the rights of individuals with disabilities under the ADA.
What Challenges Still Exist for Disabled Americans Today?
Despite the progress made since the passage of the ADA, there are still a number of challenges for disabled Americans today. One of the most significant challenges is that many individuals with disabilities still face discrimination in the workplace. According to a National Bureau of Economic Research study, disabled workers are less likely to be employed than non-disabled workers. Moreover, when they are employed, they earn lower wages.
Another challenge for disabled Americans is that many public accommodations are still not accessible to individuals with disabilities. This can make it difficult for individuals with disabilities to participate in everyday activities, such as going to the doctor or grocery store.
Finally, another challenge for disabled Americans is that there is still a lack of awareness about the ADA and its protections. This lack of awareness can make it difficult for individuals with disabilities to assert their rights and obtain the accommodations they need.
Despite these challenges, a number of organizations and resources exist to help disabled Americans overcome these challenges and live full and productive lives.
