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Title I of the Americans with Disabilities Act of 1990, which took effect
July 26, 1992, prohibits private employers, state and local governments,
employment agencies and labor unions from discriminating against qualified
individuals with disabilities in job application procedures, hiring, firing,
advancement, compensation, job training, and other terms, conditions and
privileges of employment. An individual with a disability is a person who:
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Has a physical or mental impairment that substantially limits one or more
major life activities;
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Has a record of such an impairment; or
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Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who,
with or without reasonable accommodation, can perform the essential
functions of the job in question. Reasonable accommodation may include, but
is not limited to:
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Making existing facilities used by employees readily accessible to and
usable by persons with disabilities.
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Job restructuring, modifying work schedules, reassignment to a vacant
position;
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Acquiring or modifying equipment or devices, adjusting modifying
examinations, training materials, or policies, and providing qualified
readers or interpreters.
An employer is required to make an accommodation to the known disability of
a qualified applicant or employee if it would not impose an "undue hardship"
on the operation of the employer's business. Undue hardship is defined as an
action requiring significant difficulty or expense when considered in light
of factors such as an employer's size, financial resources and the nature
and structure of its operation.
An employer is not required to lower quality or production standards to make
an accommodation, nor is an employer obligated to provide personal use items
such as glasses or hearing aids.
MEDICAL EXAMINATIONS AND INQUIRIES
Employers may not ask job applicants about the existence, nature or severity
of a disability. Applicants may be asked about their ability to perform
specific job functions. A job offer may be conditioned on the results of a
medical examination, but only if the examination is required for all
entering employees in similar jobs. Medical examinations of employees must
be job related and consistent with the employer's business needs.
DRUG AND ALCOHOL ABUSE
Employees and applicants currently engaging in the illegal use of drugs are
not covered by the ADA, when an employer acts on the basis of such use.
Tests for illegal drugs are not subject to the ADA's restrictions on medical
examinations. Employers may hold illegal drug users and alcoholics to the
same performance standards as other employees.
EEOC ENFORCEMENT OF THE ADA
The U.S. Equal Employment Opportunity Commission issued regulations to
enforce the provisions of Title I of the ADA on July 26, 1991. The
provisions originally took effect on July 26, 1992, and covered employers
with 25 or more employees. On July 26, 1994, the threshold dropped to
include employers with 15 or more employees.
Reprinted with permission from the
Job
Accommodation Network.
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“The only pure and consistent advocates for a child are his or her parents
or family members,” explains Betsy Primm, coordinator of Georgia Learning
Resource Services Metro-North branch. “That doesn’t mean that educators
don’t advocate every day for their students, but year in and year out, that
is a parent’s role.” |
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