Americans with Disabilities Act: Employer’s Responsibilities

Article Relevant for Readers from United States of America

Employees and employers are like two sides of a ledger. A credit on one side will automatically mean a debit on the other side. Americans with Disabilities Act (ADA), formulated for granting equality to Americans with disabilities, guarantees a number of rights to employees. The rights guaranteed to employees automatically translate into responsibilities given to the employers.

So, in this article, we are sharing the legal responsibilities of an employer according to the Americans with Disabilities Act. However, you’ll also need to know the requirements of the state laws applicable to your business. The state legislation have their own requirements in addition to the federal law.

Who is protected under the Americans with Disabilities Act?

Who among your employees or potential employees are protected under ADA? This is probably the first thing you should know. The protection of the law is extended to any person with a physical or mental impairment substantial enough to limit one or more major life activities.

Examples of such individuals may include those with physical disabilities like cerebral palsy, arthritis, diabetes, hypertension etc. along with those with mental conditions like severe depression, ADHD, bipolar disorder etc.

Alcoholics and recovering drug addicts too are covered under the list. However, anyone using illegal drugs is not protected under the act and can be denied a job for taking illegal drugs.

Who are the Employers under ADA?

The federal law of Americans with Disabilities Act is applicable to all the employer coming under the following:

• Private Employers
• State and Local Governments
• Employment Agencies
• Labour Organizations
• Labour Management Committees

These employers will need to comply with the rules of ADA if they hire more than 15 employees.

What does the law require an employer to do?

Employers covered under ADA i.e. those who hire more than 15 employees are bound by the law to provide equal opportunity and a level playing ground to the persons with disabilities. The employers need to make sure that Persons with Disabilities:

• have equal opportunities to apply for the job and work in the position for which they are qualified.
• are given equal opportunity for being promoted to higher levels.
• have equal access to all the job benefits and privileges offered to the employees.
• are not harassed in any way due to their disabling condition.

In addition to these, the employer is also required to create reasonable accommodation so as to make a level playing field for those inflicted with disabilities. However, the employer is not bound for any accommodations that would pose an undue hardship to the organization.

Further, the law requires employers to refrain from any kind of discrimination against any employee with a disability. The law states that an employer cannot:

• discriminate against a person with a disability in any employment practices including application, recruitment, hiring, training, pay, promotion, job assignments, leave, benefits, layoff, firing etc.
• retaliate in any way against employees who assert their rights under the Americans with Disabilities Act.
• discriminate against any person for the reason of them being associated or related to any person with disabilities.

Can Employer Deny a Job to a Person with Disability?

The laws under ADA mandates that an employer cannot discriminate against a person with a disability even at the application or recruitment stage but this does not mean that an employer is compelled to hire anyone just based on their disability.

A person with a disability needs to satisfy all the job requirements viz. educational qualification, employment experience, past work records, skills, license and all other qualification standards required for the job.

In fact, if an employer has got job applications from several qualified persons including a person with a disability, the law does not mandate it to hire the one with a disability. The employer is free to hire the most qualified person for the post.

The law only states that if a person has all the skills and qualifications for the job, she cannot be denied the job solely on the basis of her disability. If she requires some reasonable accommodations for carrying out her task well, she should be provided that by the employer.

What is Reasonable Accommodation according to ADA?

Accommodation means some adjustment or modification provided to an employee with a disability so that their disability does not become a barrier in their job responsibility. Reasonable indicates that the adjustment or modification should not put an undue burden on the organization or the employer.

The reasonableness of accommodation may vary from organization to organization based on several factors. However, the following accommodations can be cited as examples of reasonable accommodations –

• Purchasing or modifying equipment to make the task easier for an employee with a disability, provided the cost is not too much for the organization (e.g. screen reader for a visually impaired employee)
• Making some changes in the working area (e.g. providing a comparatively silent corner desk to an employee with ADHD)
• Shifting minor responsibilities to other employees if needed
• Adjusting time or allowing a flexible working hour to an employee provided the job responsibilities are taken care of by the employee.
• Allowing an employee to work from home if commuting is an issue.
• Granting some unpaid additional leaves if the employee has exhausted all the available leaves.

Can an Employer conduct a Medical Examination or Ask about an Individual’s Disability?

It is unlawful according to the Americans with Disabilities Act to ask an applicant about her disability or the severity of disability or to conduct any medical examination before making a job offer to the individual. The applicant can be asked questions about her ability to perform the job for which she is being hired but the employer needs to make sure the question is not phrased in terms of disability.

A medical examination can be conducted after the job offer is made but the applicant can be asked for the medical examination only if everybody who will be working in the job category is required the medical examination. Further, the medical test cannot be unrelated to the job being offered. The medical examination result of each individual need to be kept confidential. And nobody can be denied the job based on the result of medical examination if a reasonable accommodation can enable the person to perform their job.

Prima facie an employer may feel that the law compliance creates a hurdle but if an employer treats every employee and potential employee in a fair and just manner, there is nothing in the law that may create any hardship for the business. The law simply requires employers to be humane towards every employee and potential employee.