Americans with Disabilities Act (1990)
10 July 2006Americans with Disabilities Act (1990), 42 U.S.C. §§12101 et seq.
Coverage and Prohibition: Title I of the Americans with Disabilities Act (“ADA”) prohibits employment discrimination against qualified disabled individuals and requires covered employers to provide reasonable accommodation to those individuals unless that accommodation would impose an “undue hardship.” The ADA defines a “qualified individual with a disability” as an individual with a disability who can, with or without reasonable accommodation, perform the essential functions of the job that the individual holds or desires. A “disability” is defined as: (1) a physical or mental impairment that substantially limits a major life activity; (2) a record of having that type of impairment; or (3) being regarded as having that type of impairment. Employers may screen out disabled individuals who cannot perform the essential functions of the job, even with accommodation, and those who pose a direct threat to their own health or safety, or the health or safety of others.
The Act places a number of limitations on the conduct of medical examinations and inquiries. Employers may not make preemployment medical inquiries, but may ask about the ability of the applicant to perform job-related functions. Medical examinations may be used only after a conditional offer of employment has been extended. An offer of employment may be conditioned on the results of the examination only if: (1) all entering employees in the same job category are subjected to the examination regardless of whether or not they have a disability; and (2) the information obtained is treated as a confidential medical record and kept in a medical file separate from other personnel information. As for current employees, the ADA permits medical inquiries and medical examinations if they are both job-related and consistent with business necessity. Testing current employees or applicants to determine the “illegal use of drugs” is not considered a medical examination for purposes of the Act.
The Act also prohibits discrimination against all disabled individuals by private entities that provide public accommodations and services that affect interstate commerce, including the failure to provide auxiliary aids and services and the failure to remove architectural barriers.
Enforcement: The employment provisions of the Act are administered by the Equal Employment Opportunity Commission (“EEOC”). Title I of the ADA incorporated the enforcement procedures and remedies of Title VII of the Civil Rights Act of 1964. Under Title VII, an individual must first file a charge of discrimination with either the EEOC or a state or local fair employment practices agency before bringing suit in court. The Department of Justice oversees public accommodation claims.
Remedies: An employee who brings a successful complaint under Title VII is entitled to injunctive relief, back pay, and attorneys’ fees, including expert fees. In addition, as provided by the Civil Rights Act of 1991, an individual proving intentional disability discrimination may recover compensatory and punitive damages subject to the maximum award limitations provided under the Civil Rights Act of 1991. Those damages may not be recovered in a case alleging failure to provide a particular accommodation if the employer demonstrates good faith efforts to identify and make, in consultation with the disabled person, a reasonable accommodation that would provide such individual with an equally effective opportunity. In a case alleging intentional discrimination and seeking compensatory or punitive damages, either party may demand a jury trial.
Related Regulations:
EEOC: Regulations to Implement the Equal Employment Provisions of the ADA, 29 C.F.R. Part 1630.
EEOC: Technical Assistance Manual (1990).
EEOC: Enforcement Guidance on Preemployment Inquiries Under the ADA (October 1, 1995).
EEOC: Enforcement Guidance: Workers’ Compensation and the ADA (September, 1996).
EEOC: Enforcement Guidance on the ADA and Psychiatric Disabilities (March, 25, 1997).
EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA (July 27, 2000).
EEOC: Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA (October, 17 2002).
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