ada

The Americans With Disabilities Act prohibits discrimination in the workplace
against disabled persons. This article briefly summarizes Title I of the Act.
This is just a basic summary. Consult an attorney if you have a potential
claim for or against you.

The ADA prohibits a covered employer from discriminating against a qualified
individual with a disability. The Employer must make a reasonable
accommodation for a disabled employee. However, the law is not a simple
one. I have tried to answer the basic questions a company or an individual may
have below.

Who Qualifies Under The ADA?

A qualified individual with a disability means an individual who, with or without
a reasonable accommodation, can perform the essential functions of the job.

What Is A Disability?

A person has a disability if they have a physical impairment that substantially
limits one or more major life activities, has a record of such impairment or is
regarded as having such an impairment. The Supreme Court has ruled that when
determining whether a person is substantially limited in a major life activity,
any mitigating measures must be considered. For example, if a person has
diabetes but takes medication that minimizes the condition, the person might
not be considered disabled under the Act.

Some examples of major life activities include caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning and
working. The courts decide if an individual is disabled under the Act on a case
by case basis. For instance, a person with diabetes may be considered disabled
under the Act in one case but not in another. In each case the court will analyze
the facts to determine if the Act even applies to the individual.

What Is A Reasonable Accommodation?

A reasonable accommodation basically means that if the employee requests an
accommodation for his or her disability, the employer must comply with it if it
is reasonable and if it does not cause undue hardship. An example would be for
the employer to purchase an inexpensive tool to help the disabled employee to
perform the job. An example of an undue hardshipwould be an accommodation
that cost the employer an unreasonable amount of money.

What Are The Essential Functions Of The Job?

The essential functions of the job are the basic requirements of the job of the
employee. The employee must be able to perform the essential functions of
the job with or without a reasonable accommodation. An example would be a
truck driver. One of the essential functions of the job of a truck driver is to be
able to drive a truck. If a truck driver became paralyzed, he or she could not
drive a truck and thus, could not perform one of the essential functions of the
job. In that case, the employee would not qualify under the ADA because he or
she could not perform the essential functions of the job of truck driver.

Who Is An Employer?

Generally speaking, employers with 15 or more employees are covered under
the ADA.

What About Social Security Disability?

Applying for social security disability can damage an individual's claim under
the ADA. When applying for social security disability, one must state that he
or she cannot work. One of the requirements of the ADA is that the individual
can work, i.e., perform the essential functions of the job. Many courts have
held that if an individual states that he or she can't work for purposes of social
security disability, he or she does not qualify under the ADA.

For more information on the ADA, please contact us or go to our links page.

Not Certified by the Texas Board of Legal Specialization