What does the Americans with Disabilities Act require employers
The Americans with Disabilities Act (ADA) is a federal law
in the United States that prohibits discrimination against individuals with
disabilities. The ADA applies to employers with 15 or more employees and
requires them to provide equal employment opportunities for qualified
individuals with disabilities. Here are some key requirements of the ADA for
employers:
- Non-Discrimination: Employers are prohibited from discriminating against qualified individuals with disabilities in all aspects of employment, including hiring, promotion, job assignments, training, compensation, and other employment-related activities.
- Reasonable Accommodation: Employers are required to provide reasonable accommodations to qualified individuals with disabilities unless it would cause undue hardship to the employer. A reasonable accommodation is any modification or adjustment that enables an individual with a disability to perform the essential functions of their job. Examples of reasonable accommodations may include providing assistive technology, modifying work schedules, making physical workplace modifications, or providing qualified interpreters.
- Job Application and Hiring Process: Employers must ensure that their job application and hiring processes do not discriminate against individuals with disabilities. This includes making reasonable accommodations for applicants with disabilities during the application and interview stages.
- Accessibility: Employers are required to make their facilities and workplace accessible to individuals with disabilities. This includes removing physical barriers, providing accessible parking spaces, accessible restrooms, and ensuring accessibility in common areas such as break rooms and meeting rooms.
- Medical Examinations and Inquiries: Employers are generally prohibited from making disability-related inquiries or requiring medical examinations of applicants before a job offer is made. However, after a job offer is extended, employers may make disability-related inquiries or require medical examinations as long as these are conducted for all individuals in the same job category.
- Confidentiality: Employers must keep medical information and disability-related records confidential and separate from other personnel records. They should only share such information on a need-to-know basis.
- Retaliation: The ADA prohibits employers from retaliating against individuals who exercise their rights or oppose discriminatory practices under the ADA.
It's important to note that individual state laws may also
provide additional protections for individuals with disabilities, and employers
should comply with both federal and state requirements.
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