Definition: A federal law enacted in 1990 that makes it illegal for employers
with 15 or more employees to refuse to hire qualified people with
disabilities if making "reasonable accommodations" would enable the
person to carry out the duties of the job
While the law is unclear on exactly how far an employer must go
to accommodate a person with disabilities--anything from making
physical changes to the workplace or reallocating certain
responsibilities--what is clear is that it's the applicant's
responsibility to tell the employer about the disability. Employers
aren't allowed to ask whether an applicant has a disability or a
history of health problems. However, after the applicant has been
given a written or verbal explanation of job duties, you may then
ask whether he or she can adequately perform those duties or would
need some type of accommodation.
For further clarification, read the
Questions and Answers:
Enforcement Guidance on Disability-Related Inquiries and Medical
Examinations of Employees Under the Americans With Disabilities
(ADA) Act document, which is available online from the Equal
Employment Opportunity Commission at
www.eeoc.gov/policy/docs/qanda-inquiries.html.