The U.S. Equal Employment Opportunity Commission
Facts About the Americans with Disabilities Act
Title I of the Americans with
Disabilities Act of 1990, which took effect July 26, 1992,
prohibits private employers, state and local governments,
employment agencies and labor unions from discriminating against
qualified individuals with disabilities in job application
procedures, hiring, firing, advancement, compensation, job
training, and other terms, conditions and privileges of employment.
An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits
one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an
individual who, with or without reasonable accommodation, can
perform the essential functions of the job in question. Reasonable
accommodation may include, but is not limited to:
- Making existing facilities used by employees readily accessible
to and usable by persons with disabilities.
- Job restructuring, modifying work schedules, reassignment to a
vacant position;
- Acquiring or modifying equipment or devices, adjusting
modifying examinations, training materials, or policies, and
providing qualified readers or interpreters.
An employer is required to make an accommodation to the known
disability of a qualified applicant or employee if it would not
impose an "undue hardship" on the operation of the employer's
business. Undue hardship is defined as an action requiring
significant difficulty or expense when considered in light of
factors such as an employer's size, financial resources and the
nature and structure of its operation.
An employer is not required to lower quality or production
standards to make an accommodation, nor is an employer obligated to
provide personal use items such as glasses or hearing aids.
MEDICAL EXAMINATIONS AND INQUIRIES
Employers may not ask job applicants about the existence, nature
or severity of a disability. Applicants may be asked about their
ability to perform specific job functions. A job offer may be
conditioned on the results of a medical examination, but only if
the examination is required for all entering employees in similar
jobs. Medical examinations of employees must be job related and
consistent with the employer's business needs.
DRUG AND ALCOHOL ABUSE
Employees and applicants currently engaging in the illegal use
of drugs are not covered by the ADA, when an employer acts on the
basis of such use. Tests for illegal drugs are not subject to the
ADA's restrictions on medical examinations. Employers may hold
illegal drug users and alcoholics to the same performance standards
as other employees.
EEOC ENFORCEMENT OF THE ADA
The U.S. Equal Employment Opportunity Commission issued
regulations to enforce the provisions of Title I of the ADA on July
26, 1991. The provisions originally took effect on July 26, 1992,
and covered employers with 25 or more employees. On July 26, 1994,
the threshold dropped to include employers with 15 or more
employees.
This page was last modified on January 15, 1997.
The above article was reprinted from the Equal Employment Opportunity Commission.
Check the EEOC website for any changes to the article.
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