The Americans with Disabilities Act of 1990 (ADA) is a federal law that prohibits discrimination against an employee or applicant on the basis of disability. This law applies to employers in the private sector, state, and local governments, as well as employment agencies and labor organizations. It ensures non-discrimination in aspects like hiring, firing, promotions, wages, and training, among other employment terms. An individual is defined as having a disability if they have a physical or mental impairment that significantly limits one or more major life activities, have a history of such an impairment, or are regarded as having such an impairment. Major life activities include tasks like walking, breathing, seeing, hearing, speaking, learning, and working. The ADA applies to employers with 15 or more employees and is enforced by the Equal Employment Opportunity Commission (EEOC).
Title I of the ADA focuses on employment and is intended to provide individuals with disabilities access to the same employment opportunities and benefits available to those without disabilities. It prevents discrimination by private employers, state and local governments, employment agencies, and labor unions against qualified individuals with disabilities in all aspects of employment, including job applications, hiring, firing, advancement, compensation, and job training. A qualified individual with a disability is someone who meets the skill, experience, education, and other job-related requirements of a position and can perform its essential functions, with or without reasonable accommodation.
Employers under Title I of the ADA are required to offer reasonable accommodations to eligible applicants or employees. A "reasonable accommodation" refers to modifications that help employees with disabilities perform their jobs without imposing significant difficulty or expense, known as "undue hardship," on the employer. Accommodations might include making existing facilities more accessible, restructuring jobs, altering work schedules, providing additional unpaid leave, reassigning to vacant positions, obtaining or modifying equipment, altering examinations or trainings, and providing qualified readers or interpreters. Accommodations are crucial for job application processes, job performance, and enjoying employment benefits that are available to those without disabilities. Employers are not required to lower quality or production standards to make accommodations, nor are they obligated to provide personal use items like eyeglasses or hearing aids.
When applying for a job, potential employers cannot inquire about whether an applicant has a disability or the severity of such a disability. They can, however, ask if the applicant can perform job duties, with or without reasonable accommodation, and may request demonstrations. After a job offer is made, an employer can require a medical examination if every new employee in the same job category is subject to it, but the employer cannot reject an applicant solely based on disability unless it is job-related and necessary for business operations. Once hired, employees cannot be asked to undergo medical examinations or inquiries about disabilities unless they pertain to the job and are necessary for business operations.
Title V of the ADA addresses miscellaneous provisions, including its interaction with other laws, state immunity, impacts on insurance providers, and prohibitions on retaliation and coercion. It protects individuals from coercion or retaliation when asserting ADA rights or assisting others in doing so. Title V allows lawsuits against state agencies for ADA violations, even if state immunity could typically be claimed. It defines conditions like homosexuality, bisexuality, and illegal drug use as not being disabilities. Tests for illegal drugs are not considered medical examinations under the ADA.
Contact Us
If you have any questions regarding disability-based discrimination in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
