Americans with Disabilities Act (ADA)
Americans with Disabilities Act (ADA)
Federal government ADA website: https://www.ada.gov
Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
ADA Title I: Employment
Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.
ADA definition of disability
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities.
The term “mental impairment” is defined as “any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.”
The term “substantially limits” refers to significant restrictions as to the condition, manner, or duration under which an individual can perform a particular major life activity as compared to most people. It is important to note that a clinical diagnosis (e.g., a DSM-5 disorder) does not necessarily constitute a substantial limitation.
Examples of “major life activities” include: Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list, however, is intended to be representative rather than exhaustive. The EEOC Compliance Manual (1995) Section 902.3, states that “mental and emotional processes such as thinking, concentrating, and interacting with others are examples of major life activities.”
The Americans With Disabilities Act Amendments Act Of 2008 (ADAAA)
The ADAAA broadened the statutory definition of disability, as summarized in this list of specific changes.
The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:
directs EEOC to revise that portion of its regulations defining the term "substantially limits";
expands the definition of "major life activities" by including two non-exhaustive lists:
the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");
states that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;
clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
changes the definition of "regarded as" so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is "regarded as" disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor;
provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation.
Discusses a wide range of issues concerning an employer's obligation to provide reasonable accommodations for qualified individuals with disabilities, including requests for reasonable accommodation and the interactive process, different types of accommodations for applicants and employees, and undue hardship. Also includes a resource directory.
Enforcement Guidance on Disability Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (July 26, 2000)
Explains when it is permissible for employers to make disability-related inquiries and require medical examinations of employees.
EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities (3/25/97)
Addresses how the ADA's definition of disability, standards on disclosing disabilities and assessing direct threat, and requirements to provide reasonable accommodation are applied in the context of psychiatric disabilities. It also addresses conduct and direct threat issues.
Explains the relationship between the requirements for employers under the FMLA and the ADA to grant medical leave, and under the FMLA and Title VII to grant leave for pregnancy and related conditions. For further information about the FMLA, see the Department of Labor site at: https://www.dol.gov/agencies/whd/fmla Also see: https://www.justice.gov/crt.