Enactment and effective date. The ADA is a civil rights law that was enacted on July 26, 1990. Why was the ADA needed?. Think back to the year 1990. What was life like for people with disabilities? Hint- Think about the following areas: transportation? employment? discrimination?
The ADA is a civil rights law that was enacted on July 26, 1990.
Legal and Political roots of the ADA are deep in the Civil Rights era of the 1960s
In 1990, Congress estimated 43 million Americans had one or more physical or mental disabilities.
In the mid-90s that figure was revised to 49 million Americans.
Today the estimate is in excess of 51 million
In employment, the ADA prohibits discrimination against qualified individuals with disabilities in public and private sector employment.
This includes a requirement that those employers covered under the Act make “reasonable accommodations.”
Title I of the ADA prohibits discrimination against persons with disabilities in employment by businesses having 15 or more employees, or by State and local governments.
Iowa prohibits discrimination in employment by businesses having 4 or more employees, not 15
Title I, with respect to private employers, is enforced by the Equal Employment Opportunity Commission (EEOC).
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine. (This list is non-exhaustive)
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (This list is non-exhaustive)
Having a disability that substantially limits a major life activity
Interacting with others
SquattingCase law around the country has included the following in the list of major life activities:
Substantial limitation is assessed with regard to mitigating measures.
A record of having a disability
Regarded as having a disability
People who abuse alcohol are considered disabled even if they are currently using. A person who is an alcoholic is considered a person with a disability under the ADA.
Employers must make reasonable accommodations to known physical or mental limitations of a qualified applicant or employee with a disability unless the employer can demonstrate that the accommodation would be an undue hardship
Hiring, promotion, tenure;
Rates of pay;
Training and development;
Social activities; or
Any other term, privilege or condition of employment.
Modifying work schedules
Making facilities accessible
Acquiring or modifying equipment or devices
Hiring readers, interpreters and assistants
Reassignment to a vacant position
No. A qualified individual with a disability is one who satisfies the requisite skill, experience, education, and other job-related requirements of the position and can perform the essential functions of the job with or without reasonable accommodation.
Personal items are generally not required as forms of reasonable accommodation.
It is the responsibility of the employer to provide a reasonable accommodation unless it would be an undue hardship.
Undue hardship is defined as an action requiring significant difficulty or expense, extensive, substantial disruption or something that would fundamentally alter the nature of employment.
1. If a test screens out or tends to screen out an individual with a disability or a class of such individuals on the basis of a disability, it must be job-related and consistent with a business necessity; and
2. There must be accommodations in administering testing.
This applies to all kinds of tests, including but not limited to: aptitude tests, tests of knowledge and skill, intelligence tests, agility tests, and job demonstrations.
An employer may require that an individual not pose a direct threat to the health and safety of others.
1.Reasons for the exclusion are job-related and consistent with business necessity, or that the person is being excluded to avoid a “direct threat;” and that
2. No reasonable accommodation was available that would enable this person to perform the essential job functions without significant risk to health or safety, or that such an accommodation would cause undue hardship.
File a complaint with the Equal Employment Opportunity Commission
File a private lawsuit
Take the complaint to dispute resolution
Department of Justice
Equal Employment Opportunity Commission
Grimes State Office Building
400 E. 14th Street
Des Moines, Iowa 50319