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Employees' Practical Guide to Negotiating and Requesting Reasonable Accommodations Under the Americans with Disabilities Act (ADA)
What
is the ADA?
The ADA is a federal
civil rights law that was passed in 1990 and went into effect beginning
in 1992. Its purpose is to protect people with disabilities from
discrimination in employment (Title I), in the programs and activities
offered by state and local governments (Title II), and in accessing
the goods and services offered in places like stores, hotels, restaurants,
football stadiums, doctors' offices, beauty parlors, and so on (Title
III). The focus of this guide is Title I of the ADA, which prohibits
discrimination in employment and requires employers to provide reasonable
accommodations for employees with disabilities.
Does
my employer have to comply with Title I of the ADA?
Only "covered entities"
must comply with Title I of the ADA. The term covered entities includes
private employers with 15 or more employees, employment agencies,
labor organizations, and joint labor-management committees. State
and local government employers must also comply with the ADA. Federal
executive agencies are exempt from the ADA, but they have to comply
with the Rehabilitation Act of 1973, which is almost identical to
the ADA.
How
do I know if I have rights under Title I of the ADA?
Sometimes it is difficult
to determine whether you have rights under Title I of the ADA, but
understanding some of the terms used in the ADA may help you make
that determination. In general, Title I protects "qualified"
"employees" with "disabilities."
The term "qualified"
means that you satisfy the skill, experience, education, and other
job-related requirements of the position sought or held, and can
perform the essential job functions of the position, with or without
reasonable accommodation.
For additional information
about the definition of "qualified," see http://www.jan.wvu.edu/links/ADAtam1.html#II.
The term "employee"
means, "an individual employed by an employer." The question
of whether an employer-employee relationship exists depends on whether
the employer controls the means and manner of the worker's work
performance.
For additional information
about the definition of "employee," see http://www.eeoc.gov/policy/docs/threshold.html#2-III-A-1.
The term "disability"
is defined in general terms rather than with a list of medical conditions.
The definition of disability includes: (1) a person who has a physical
or mental impairment that substantially limits one or more major
life activities, (2) a person with a record of a physical or mental
impairment that substantially limits one or more major life activities,
and (3) a person who is regarded as having a physical or mental
impairment that substantially limits one or more major life activities.
Therefore, to determine
whether you have a disability, you must first determine two things:
1. Whether you have an
impairment, and
2. Whether your impairment substantially limits one or more major
life activities.
In addition, you can
meet the ADA's definition of disability by having a record of or
being regarded as having an impairment that substantially limits
one or more major life activities.
For additional information
about the definition of disability, visit How to Determine Whether
a Person has a Disability under the Americans with Disabilities
Act (ADA) at http://www.jan.wvu.edu/corner/vol02iss04.htm.
The term "essential
job functions" means the fundamental job duties of the employment
position that the individual with a disability holds or desires.
The term essential functions does not include marginal functions
of the position.
For additional information
about essential functions, visit the EEOC's Title I Technical Assistance
Manual at http://www.jan.wvu.edu/links/ADAtam1.html,
section 2.3(a).
Where
can I get more information about the ADA?
The federal agencies
that enforce the various titles of the ADA provide publications
that help explain the requirements of all the titles. JAN has an
ADA page on its Web site that includes many of these publications.
The JAN ADA page is located at http://www.jan.wvu.edu/links/adalinks.htm.
The enforcing agency
for Title I is the Equal Employment Opportunity Commission (EEOC),
which can be reached at (800)669-4000 or on the Web at http://www.eeoc.gov.
The EEOC provides numerous publications, including:
The ADA: Your Employment
Rights as an Individual with a Disability at http://www.eeoc.gov/facts/ada18.html
Disability Related Inquiries
and Medical Exams of Employees (EEOC Guidance) at http://www.eeoc.gov/policy/docs/guidance-inquiries.html
Reasonable Accommodation
and Undue Hardship (EEOC Guidance) at http://www.eeoc.gov/policy/docs/accommodation.html