Wednesday, October 31, 2012

ADA Facts

The Americans with Disabilities Act (ADA) protects people with disabilities in employment, as well as in other situations.  The ADA's main employment provision prohibits covered employers from discriminating against qualified individuals with a disability.  The prohibition applies to all terms, conditions, and privileges of employment.  In addition, the ADA provides employers to make reasonable accommodations for qualified individuals with disabilities.

So who exactly is a regulated employer?  Regulated employers include:
  • private employers with 15 or more employees
  • employment agencies
  • labor organizations
  • joint labor/management committees, and
  • local governments.
Who is considered a covered worker?  To get the benefits of of the ADA's employment provisions, a person must:
  • be a current or prospective employee of a covered employer
  • be qualified for the position, and
  • have a disability within the meaning of the ADA.
What's prohibited?
  • Discrimination:  covered employers may not discriminate when it comes to:
    • recruitment
    • job application procedures
    • hiring
    • promotion and training
    • time off
    • job assignments
    • benefits
    • wages, and
    • layoff and termination.
  • Test and Qualification Standards
  • Harassment
  • Segregation
  • Medical Examinations
  • Inquiries about Disabilities
  • Retaliation

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