Human Resources Procedures Manual

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Procedures Manual Sections:

Americans with
Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination in access to services and employment against persons who are disabled. The ADA, Public Law 101-336, was enacted on July 26, 1990. The ADA has varying implementation and effective dates for different sections.

July 26, 1990 - enacted
July 26, 1992 - 25 or more employees
July 26, 1994 - 15 or more employees
The EEOC determines regulatory guidelines

Disability:

Defined as anything that limits one or more major life activities (sight, hearing, walking, etc.)

Impact:

Interviewers are not allowed to ask questions about or discuss a disability - They can ask questions based on ability to accomplish specific tasks of position, i.e. what accommodation might be necessary.
Reasonable accommodation will be expected.
Job descriptions and specifications are a vital part of the employment process (essential and non-essential elements of a job need to be detailed).
A Written compliance policy with data collection and evaluation criteria are required.
Corporate supervisors and managers must develop the knowledge and ability to discuss disability related issues.
Disability related information about workers should be maintained in a separate location from the personnel files (available on need-to-know basis only).
Confidentiality must by enforced.
Sources are needed to provide information about disabled workers, accommodations, conditions, etc.
Prepare for customer inquiry/complaints - Who is going to handle the comments?
Employee/customer awareness programs may be needed.

ADA Related Links

American Foundation for the Blind 202-457-1487

Apple Disabilities Solutions Group 408-974-7910
The Mac Access Passport call 800-600-7808 (voice) or 800-755-0601 (TTY)

Architectural and Transportation Barriers Compliance Board Building accessibility 800-USA-ABLE

Equal Employment Opportunity Commission (EEOC)
ADA assistance enforcement 800-669-EEOCM

IBM's Special Needs Information Referral Center Adaptive technology 800-426-2133

Job Accommodation Network
International toll-free consulting service provides information about job accommodations, ADA and the employability of people with disabilities 800-526-7234 (V/TTY)

National Institute on Deafness
and Other Communication Disorders 202-651-5051

Resources for Adults with Disabilities

Answers to 21 Questions About ADA

How Do The State Workers' Compensation Laws Interact With The ADA?

Who Wins Most In ADA Lawsuits--Employers Or Employees?

17 Most Common Myths About The ADA Answered By The Justice Department