FAQs about Title I of the ADA

Disabled individuals are protected from employment discrimination based on their disability by various federal and state laws. One of the laws that protect such individuals is the ADA or the Americans with Disabilities Act.

To learn more about Title I of the ADA, which deals with employment discrimination, here are some frequently asked questions (FAQs):

What is Title I of the ADA? Title I of the ADA or the Americans with Disabilities Act of 1990 prohibits certain employers from discriminating against any qualified individual with disabilities in every aspect of employment, such as:
1. Job application procedures
2. Hiring
3. Firing
4. Advancement
5. Compensation
6. Job training
7. Other privileges, terms, and conditions of employment
What employers are covered by the ADA? The Americans with Disabilities Act (ADA) covers employers that have 15 or more employees. These include private employers, local and state governments, labor unions, and employment agencies. Its nondiscrimination standards also apply to employees of the federal sector who are under section 501 of the Rehabilitation Act.
Who is considered as an “individual with disability?” An individual with disability is someone who:
1. Has a mental or physical impairment that significantly limits major life activities;
2. Has an evidence of such impairment stated above; or
3. Is considered as having such impairment/s
Who is considered as a “qualified applicant / employee with disability?” A qualified applicant or employee is a person who can do essential tasks of the job being discussed with or without any reasonable accommodation.
What is “reasonable accommodation?” A reasonable accommodation is any modification or adjustment that is provided by an employer to make it possible for qualified employees to benefit from equal employment opportunities. Reasonable accommodations may include, but are not limited to, the following:
1. Providing qualified interpreters or readers
2. Modifying or adjusting policies, training materials, or examinations
3. Modifying or acquiring devices or equipment
4. Reassignment to an available position, modifying work schedules, job restructuring
5. Making existing facilities that are being used by employees usable by and readily accessible to individuals with disabilities
These accommodations can vary, depending on one’s needs. Not everyone with disabilities, or even individuals who have the same disability, need the same reasonable accommodations. Here are some examples:
1. An employee suffering from cancer may require leave to have chemotherapy or radiation treatments.
2. A blind applicant might need somebody to read information posted on a bulletin board.
3. An employee suffering from diabetes might need regularly scheduled breaks during a workday to eat properly and monitor insulin and blood sugar levels.
4. A deaf employee might need a sign language interpreter during a job interview.
Are employers required to make reasonable accommodations? If a reasonable accommodation will not impose an “undue hardship” on the business’ operation of the employer, then the employer is required to make reasonable accommodation/s to the disability of a qualified employee or applicant. However, if it imposes an “undue hardship,” then an employer does not have to provide any reasonable accommodation.
What is “undue hardship?” Undue hardship is an act that requires substantial expense or difficulty when considered in light of factors, such as the financial resources, size, and the structure and nature of the operation of an employer.

If you have any other legal concerns, you should not hesitate to consult with a skillful attorney who is experienced in dealing with issues concerning ADA.

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FAQs about Title I of the ADA