Major
life activities include caring for oneself, performing manual tasks,
walking,
seeing, hearing, speaking, breathing, learning,
and working.
Q: What
practices and activities are covered by the employment nondiscrimination
requirements of the ADA?
The
ADA prohibits discrimination in all
employment practices including job application procedures,
hiring, firing, promotion,
compensation, training, and other terms, conditions,
and privileges of employment. It applies to recruitment, advertising,
tenure,
layoff, leave, fringe benefits,
and all other employment-related activities.
Q: Does an employer have to give preference to a qualified
applicant with a disability over other applicants?
A:
No. An employer is free to select
the most qualified applicant available and to
make decisions based on reasons unrelated to disability.
Q:
What is "reasonable accommodation"?
A:
Reasonable accommodation is any modification or
adjustment that will enable a qualified applicant
or employee with a disability to participate in
the application process or to perform essential job functions.
Reasonable accommodation also
includes adjustments to assure that a qualified
individual with a disability has
rights and privileges in employment equal to those
of employees without disabilities.
Q: When
is an accommodation unreasonable?
A: An employer
is not required to implement any accommodation
that
would impose
an undue
hardship.
An undue hardship is an action or accommodation
that would require significant difficulty
or expense in relation to the size of the
employer. If it is found that a particular accommodation
would impose
an undue
hardship,
the employer
must consider whether there are alternative
accommodations that
would not impose such hardship.
Q: What
about health and safety standards?
A: The
ADA permits employers to establish qualification
standards that exclude
individuals who
pose a direct threat—i.e., a significant
risk of substantial harm—to
the health or safety of the individual or
of others, if that risk cannot be eliminated or reduced below the
level of a "direct threat" by
reasonable accommodation.
The employer
must establish through objective, medically supportable methods that
there is significant risk that
substantial harm could occur in the workplace.
The
ADA recognizes the need to balance
the interests of people with disabilities
with the legitimate interests of employers in maintaining a
safe workplace. That goal is realized
by requiring employers to make individualized
judgments based on reliable medical or
other objective evidence rather than on
generalizations, ignorance, fear,
patronizing attitudes, or stereotypes.
Q: What
about performance standards?
A: In the
performance of essential job functions,
with
or without reasonable
accommodations, an employer
can hold employees with disabilities
to the
same standards of
production/performance as other similarly-situated
employees without disabilities.
Revised October 1996