Americans With Disabilities Act (ADA)

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 goto accommodate a person with disabilities–anything from makingphysical changes to the workplace or reallocating certainresponsibilities–what is clear is that it’s the applicant’sresponsibility to tell the employer about the disability. Employersaren’t allowed to ask whether an applicant has a disability or ahistory of health problems. However, after the applicant has beengiven a written or verbal explanation of job duties, you may thenask whether he or she can adequately perform those duties or wouldneed some type of accommodation.

Questions and Answers:Enforcement Guidance on Disability-Related Inquiries and MedicalExaminations of Employees Under the Americans With Disabilities(ADA) Act www.eeoc.gov/policy/docs/qanda-inquiries.html

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