Paralysis Resource Guide - (Page 246) WORKING THE SYSTEM BASICS OF THE ADA The Americans with Disabilities Act (ADA), which became law in July 1990, is the cornerstone of civil rights for people with disabilities. The law guarantees full participation in American society for all people with disabilities, just as the Civil Rights Act of 1964 guaranteed the rights of all people regardless of race, sex, national origin or religion. The ADA covers every person with a disability, defined as 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. The law is written in several sections, or titles. Title I of the ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified people with disabilities regarding job applications, hiring, firing, advancement, pay scale, job training, and other conditions and privileges of employment. A qualified employee or applicant with a disability is someone who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may mean making existing facilities accessible and usable by persons with disabilities. It may also include job restructuring, modifying work schedules, acquiring or modifying equipment or devices, modifying training materials or policies, and providing readers or interpreters. An employer is required to make an accommodation to the known disability of a qualified applicant or employee unless it imposes an “undue hardship” on the operation of the business. Undue hardship would indicate significant difficulty or expense considering an employer’s size, financial resources and the nature of its operation. An employer is not required to lower quality or production standards to make an accommodation. Employers are not allowed to ask a job applicant about the existence, nature or severity of his or her 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 job related and 246
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