Title I of the ADA : Job-Discrimination Protection
PWDs Have Job-Discrimination Protection
By Cindy Powell
Title I of the Americans with Disabilities Act (ADA)
protects persons with disabilities (PWDs) from employment discrimination.
Private employers with 15 or more employees, including part-timers; employment
agencies; labor unions; and state and local governments, regardless of the
number of employees, must comply with Title I of the ADA.
Covered entities must ensure that their employment
practices and policies do not discriminate against qualified individuals with
disabilities. Every aspect of employment is covered, including recruitment,
hiring, promotion, demotion, layoff and return from layoff, compensation, job
assignments, job classifications, paid or unpaid leave, fringe benefits,
training and employer-sponsored activities, including recreational or social
programs.
Private employers with fewer than 15 employees,
corporations owned by the federal government, Native American tribes and
private-membership clubs that are not labor organizations are exempt from Title
I. Federal government agencies are covered by nondiscrimination and affirmative
employment requirements under Section 501 of the Rehabilitation Act of 1973.
The U.S. Equal Employment Opportunity Commission (EEOC)
enforces Title I of the ADA. The employment provisions for state and local
governments with fewer than 15 employees are enforced by the Department of
Justice.
The ADA is applied on a "case-by-case" basis. An employer
is not required to provide an accommodation if it will impose an undue hardship
on the operation of his business. As defined by the ADA, an undue hardship is
an action that is unduly costly, extensive, substantial, or disruptive or would
fundamentally alter the nature or operation of the business. In determining
undue hardship, factors to be considered include the nature and cost of the
accommodation, overall financial resources and number of persons employed.
An employer may require that an individual not pose a
"direct threat" to the health or safety of self or others. A health or safety
risk can only be considered if it is a significant risk of substantial harm.
The risk must be based on valid medical analyses or other objective
evidence, rather than speculation.
Employers cannot deny an employment opportunity to a
qualified applicant with a disability merely because of a slightly increased
health or safety risk to self or others. If an individual appears to pose a
direct threat because of a disability, the employer must first try to eliminate
or reduce the risk with reasonable accommodation. If an effective accommodation
cannot be found, the employer may refuse to hire an applicant or discharge an
employee who poses a direct threat.
If an applicant or employee believes that he or she has
experienced employment discrimination because of a disability, he or she may
file a charge related to that claim with the EEOC within 180 days of the
alleged act. When charges or complaints are filed after 180 days, individuals
may not be able to obtain resolution.
Cindy Powell is an information specialist for
theDisability and Business Technical Assistance Center of the Rocky Mountain
ADA Center in Colorado. |
