Americans With Disabilities Act Disability and the Duty

Americans With Disabilities Act “Disability and the Duty to Accommodate”

Learning Objectives • Describe the intent of the Americans with Disabilities Act (ADA). • Define disability as stated in the ADA. • Identify which persons have protection under the ADA. • Describe what are appropriate reasonable accommodations under the ADA. 1

ADA: Key Concepts • The ADA requires that employers with 15 or more employees provide “reasonable accommodations” if needed in order that they can perform the “essential functions” of a job. This applies to both full-time and part-time employees. 2

ADA: Key Concepts (Cont’d) • As well, the ADA requires employers to prevent harassment because of a person's disability. • The ADA applies to every aspect of employment, from recruiting to hiring, training, job assignments, promotions, pay, social activities, benefits, layoffs, leaves, and termination. 3

Definition of Disability Under the ADA A person with a disability is defined by the ADA as: • a person with a physical or mental impairment that substantially limits one or more major life activities; • a person who has a history or record of this impairment; • or a person who is perceived by others as having an impairment. 4

Definition of Disability Under the ADA (Cont’d) The definition includes people with alcoholism, even current users, as long as they remain in compliance with all workplace policies. As well, it applies to former but now rehabilitated drug users. It does NOT apply to or protect current drug users. 5