Title I of the Americans with Disabilities Act of 1990 (ADA) 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. A person with a disability is defined as someone 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.”
Employers are required to provide “reasonable accommodation” to disabled employees or applicants, including making existing facilities readily accessible to and usable by persons with disabilities, restructuring jobs or modifying work schedules and modifying equipment, training materials and other policies to accommodate the disabled person.
Accommodations are not considered “reasonable” if they would place an “undue hardship” on the operation of the business. When determining whether an undue hardship is created, such factors as the difficulty or expense of the accommodation and the size, financial resources and the nature and structure of the company’s operation are considered.
Contact Lori Ecker for superior representation and counsel in all ADA matters.