Amercans With Disabilities Act
- Employers cannot request a medical examination unless it is required of all applicants and employees. An employer is allowed to ask whether a particular impairment will prevent the employee from doing his job but cannot inquire as to the severity of his disability.
- Handicapped parking spots are considered a reasonable accommodation.
An employer must make reasonable accommodations to help a worker do her job. Reasonable accommodations include means for getting around the workplace, whether that be ramps, scooters or other items; changes in schedule, meal times or break times; accessible training materials, such as Braille or large-print books; interpreters, particularly for deaf employees; and modified equipment. An employee should not have to provide any personal items to complete a task, but the employer does not have to volunteer to make accommodations. The employee must request such changes. - An employer has to make accommodations only if they do not cause undue hardship, such as putting the company in financial jeopardy, or requiring too great an investment in capital and resources to effectively compete in the marketplace. Undue hardship is determined by the size of the company, so a Fortune 500 firm is expected to make a bigger investment than a much smaller operation. An employer may choose a cheaper option if it still helps an employee work effectively. Government funds and tax credits are available to help companies make reasonable accommodations.
- An employer does not have to lower output or quality of work to meet an employee's abilities, but he must consult with the worker to see if accommodations can me made to improve job performance before any disciplinary action can be taken.
- An employer cannot retaliate against any employee, whether disabled or able-bodied, from reporting or protesting violations of the Americans With Disabilities Act. The employer also cannot prevent an employee from testifying on behalf of an affected individual or from participating in an investigation of any violations.
