WHO IS PROTECTED UNDER TITLE I OF THE ADA?

Title I of the ADA protects qualified individuals with disabilities from employment discrimination.

The ADA defines qualified individual as follows:

Qualified individual-- Qualified individual with a disability means an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.

Reprinted From: PART 1630_REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT

 

 As this language indicates, an individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodation, in order to be protected by the ADA. This means that the applicant or employee must:

 

In addition, the ADA stipulates: 

To be protected under the ADA, an individual must have a record of, or be regarded as having a substantial impairment.

Substantial impairment is defined as follows:

Substantial impairment – A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working.

 

Reprinted From: PART 1630_REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT

Some examples of persons with a "substantial impairment" would be a person who takes longer to learn a task, a person who uses a walker or a cane, or a someone who needs the assistance of a a device that helps them speak.busineessman wheelchair.jpg

In summary, the ADA does not interfere with your right to hire the best qualified applicant. Nor does the ADA impose any affirmative action obligations. The ADA simply prohibits you from discriminating against a qualified applicant or employee because of his or her disability. In this section we will go into further detail about "essential functions" and "reasonable accommodations".

 

What Employment Practices Are Covered?

"The ADA makes it unlawful to discriminate in all employment practices such as:

(Job Accommodation Network, 2007)

 

 


return to top | previous page | next page