Chapter 8
AMERICANS WITH DISABILITIES ACT EMPLOYMENT PROVISIONS
Summary
- Applicable to employers of 15 or more employees.
- Employers must not discriminate against applicants or employees on the basis of disability.
- A “disability” is a condition which substantially limits a major life activity. Not every workers’ compensation injury amounts to a “disability.”
- Employers must make “reasonable accommodations,” i.e., those necessary for an applicant or employee to be able to perform a job, unless an accommodation would impose an undue hardship on the employer.
- An applicant or employee must be able to perform the essential functions of the job, with or without accommodation, in order to invoke ADA.
- Employers are not required to place an employee in a position where the employee’s own health or safety is clearly at risk, nor are they required to place an employee in a position that would pose a direct threat to the safety or health of other employees. The determination that an employee would pose a threat should be made advisedly on the basis of current medical information.
- Employers may not make medical inquiries or conduct physical examinations of applicants until a conditional offer of employment is made, and may make medical inquiries or conduct examinations of employees only if they are job-related and consistent with business necessity.