Americans with Disabilities Act (ADA)
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a landmark US civil rights law that was passed in 1990. Its main goal is to ensure that people with disabilities have the same rights and opportunities as everyone else by prohibiting discrimination in employment, public accommodations, transportation, and other essential areas of daily life.
In terms of the workplace, it requires employers to provide equal employment opportunities in hiring, promotion, and access to employee benefits, along with reasonable accommodations so employees can perform their tasks efficiently.
Who is protected under the ADA?
The ADA defines three protected groups:
- Individuals with disabilities: Those with physical or mental impairments that greatly limit one or more major life activities (such as walking or hearing)
- Individuals with a history of disability or chronic illness: People who have a record of an impairment that has previously impacted a major life activity (even if it no longer affects them)
- Individuals perceived as having a disability: People who are treated by others as though they have such a limitation, whether or not they actually do
What types of conditions does the ADA cover?
- Mobility impairments: Paralysis, cerebral palsy, spinal cord injuries, or reliance on mobility aids like wheelchairs, walkers, or crutches
- Sensory impairments: Blindness, low vision, deafness, or hearing loss
- Chronic illnesses: Conditions like diabetes, epilepsy, HIV, or multiple sclerosis that significantly impact daily life
- Mental health conditions: Depression, anxiety, bipolar disorder, post-traumatic stress disorder (PTSD), or obsessive-compulsive disorder (OCD)
What are the key objectives of the ADA?
- Eliminate discrimination against individuals with disabilities.
- Guarantee equal opportunity in employment, education, and public services.
- Provide accessible facilities, transportation, and communication systems.
- Protect individuals from retaliation when they exercise their ADA rights.
What enables an employee to be covered by the ADA?
For an employee to be protected under the ADA:
- They must meet the legal definition of a disability.
- They must be qualified for the job (i.e., they should have the skills, experience, and education to perform the role).
- They must be able to perform the essential job functions, with or without reasonable accommodation.
Tips for employers when employees request ADA accommodation at work
Participate in the process:
Collaborate with the employee on reasonable accommodations.
Maintain confidentiality:
Medical information must remain confidential. It should only be shared on a need-to-know basis.
Be flexible:
Reasonable accommodations include modifying schedules or working hours, assistive technology, restructuring of jobs, and accessible workspaces.
Train managers:
Train managers and HR personnel on ADA compliance.