Who is Covered

The ADA became effective for employers of 25 or more employees on July 26, 1992; and became effective for employers of 15 or more employees on July 26, 1994. Covered entities include employers, employment agencies, labor organizations, and joint labor-management committees. State and local governments are covered as employers insofar as they are defined by these categories.

Specifically excluded from the law’s definition of covered disabilities are homosexuality, bisexuality, tranvestism, transsexualism, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorder resulting from the current illegal use of drugs. A person who is currently engaged in the illegal use of drugs is not protected by the ADA. Individuals who successfully complete a drug rehabilitation program, who are participating in such a program, who are rehabilitated, or who are erroneously regarded as engaging in illegal use of drugs are not excluded if they do not currently engage in the illegal use of drugs, as defined by the Controlled Substance Act.

Basic Provisions/Requirements

Title I of the ADA prohibits discrimination in employment against any qualified individual with a disability.

Qualified Individuals with Disabilities

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.

Reasonable Accommodation

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.

Pre-employment Inquires and Medical Examinations

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.