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AMERICANS WITH DISABILITIES ACT
Title I of the Americans With Disabilities Act (ADA) prohibits discrimination against persons with disabilities in the employment policies and practices of private and public employers with 15 or more employees. This section of the federal law became effective on July 26, 1992.
The ADA requires that qualified individuals with disabilities are protected from discrimination with respect to all terms, conditions, and benefits of employment. This includes protection from discrimination in the recruitment and application process, hiring, upgrading, promotion, award of tenure, demotion, transfer, termination, rates of pay and other forms of compensation, job assignment and classifications, leaves of absence and other fringe benefits, and training opportunities.
To qualify for this protection, the individual with a disability must satisfy the prerequisites for the position in terms of the skills, training, education, and/or experience that the employer is seeking. The ADA does not mandate that individuals who are not qualified for a position be granted preference because of their disability.
Failure to make a reasonable accommodation for a qualified individual with a disability, however, constitutes discrimination under the Act. An employer may not refuse to hire someone because of artificial or unnecessary barriers that could be eliminated at relatively little cost. Reasonable accommodation may include providing access to facilities in the workplace, modifying work schedules and equipment or devices, providing readers and interpreters, removing obstacles that might be in the path of persons without vision, adding flashing lights to alarm systems and telecommunication equipment, and altering when or how essential job functions are to be performed.
Questions about the ADA and how it may apply to a particular employment situation should be directed to the appropriate Employment Office or to the Affirmative Action Office, 763-0235.