Washington State Department of Services for the Blind

Facts About the Americans with Disabilities Act*

How does the Americans with Disabilities Act affect job seekers who have disabilities?

Title I of the Americans with Disabilities Act of 1990 (ADA), 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:

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• 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.

What are reasonable accommodations?

Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting and/or 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.

What does the ADA stipulate regarding pre-employment inquiries and medical examinations?

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.

What does the ADA stipulate regarding 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.

Who enforces the ADA?

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the provisions of Title I of the ADA. The provisions took effect on July 26, 1992, and covering employers with 25 or more employees. On July 26, 1994, employers with 15 or more employees were covered.

On October 10, 1995, the EEOC issued an “Enforcement Guidance” intended to clarify the questions that may be asked during a job interview. The guidance, Number 915.002, is titled “Pre-employment Disability-Related Questions and Medical Examinations.” You can obtain the full text of the guidance from the EEOC website at http://www.eeoc.gov. You may also obtain the guidance by calling the EEOC publications center at 1-800-669-3362. The guidance is available in alternative accessible formats.

How do I file a charge with the EEOC?

Charges of employment discrimination on the basis of disability, based on actions occurring on or after July 26, 1992, may be filed at any field office of the U.S. Equal Employment Opportunity Commission. Field offices are located in 50 cities throughout the United States and are listed in most telephone directories under U.S. Government. Information on all EEOC-enforced laws may be obtained by calling toll free at 1-800-872-3362. EEOC's toll free TDD number is 1-800-800-3302.

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