Let’s take a look at disability discrimination in the workplace. The ADA prohibits discrimination against any qualified person with a physical or mental impairment that substantially limits a major life activity. It also protects those with records of impairment, those regarded as impaired, and those who associate with impaired persons. Employers must provide qualified disabled persons with reasonable accommodation.
The terms “qualified person,” “substantially limits,” and “major life activity” have spawned considerable litigation. When it was enacted, the ADA was hailed as a major step toward eradicating disability discrimination, but the Supreme Court issued several decisions that sharply limited the scope of the statute.
In response, Congress amended the ADA in 2008. The ADA Amendments Act (ADAAA) rejected numerous Supreme Court decisions and EEOC regulations narrowing the act’s coverage, and emphasized that the definition of “disability” should be interpreted broadly. One change is that the determination of whether a person has an impairment that qualifies for coverage now is made without any consideration of the impact of mitigating measures, such as medication or prosthetics (the impact of ordinary eyeglasses and contact lenses is considered).
To be covered by the ADA, a disabled person must be able to perform essential job functions. This means managers should identify essential job functions in a written job description and ask applicants if they can do them.
When an employee requests to be accommodated, managers should make an individualized assessment, with the assistance of the human resource and legal departments, to determine if the person meets threshold conditions to be covered by the act. These might include, for example, reserved parking, special equipment, personal aides, part-time or flextime work schedules, and building renovations. Accommodations that cause undue hardship to employers are not required.
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