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Why Understanding the Americans with Disabilities Act (ADA) Is Worth Your Attention


By Pamela Watkins, Watkins HR Strategy

When I was talking with an employer several months ago, I asked them about their ADA policy/practice. I was told: “We are good. Our facility is handicap accessible.” 

Not so fast. The Americans with Disabilities Act, signed into law in 1990, is layers deeper than just accessible facilities. It is a comprehensive piece of civil rights legislation that prohibits discrimination and guarantees people with disabilities the same opportunities for employment. A few hi-lights of this important legislation follow:

  • Applies to organizations with 15 or more employees
  • Prohibits discrimination against qualified individuals with disabilities
  • Requires reasonable accommodation unless the accommodation creates a business hardship

What is a qualified individual with a disability? This is someone who meets the skill, experience, and education requirements of a position. This is someone who can perform the essential job functions of the job with or without accommodations.

There has been much discussion over what a “reasonable accommodation” may be or how “undue hardship” is evaluated.

A reasonable accommodation is any change in the work environment or in the way things are usually done that results in equal employment opportunity for an individual with a disability. Examples of this may include a shift schedule modification, ability to take rest breaks at a different time, dictation software to help a hearing-impaired worker or a screen magnifier for a visually impaired person’s computer station.

Undue hardship is an action that would have excessive cost, be substantially disruptive or would fundamentally alter the nature of the business operations.

A solid job description that outlines the framework of a position’s duties, responsibilities, working conditions, physical requirements and other qualifications can clarify the scope of work.

There are great resources to help employers. Included are the Job Accommodation Network, Office of Vocational Rehabilitation Services, the ADA.gov website and the PA government website.

I encourage people to think outside of the disability. Disability should never be a barrier to employment.

“I don’t need easy. I just need possible.” – Bethany Hamilton.

Join us at an HR Series webinar with Pam on Thursday, June 9, at 8AM. Learn more at venangochamber.org/ask-hr-series.

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