Americans with Disabilities Procedure | CMP102

Americans with Disabilities Procedure

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination in access to services and employment against persons who are disabled. With this comes the addition of ADA Policies and Procedures. 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

A disability is defined as anything that limits one or more major life activities (sight, hearing, walking, etc.)

The Americans with Disabilities Procedure will help you implement and follow objective, and nondiscriminatory practices involving all employment issues of qualified disabled persons and to ensure access to company products and services by persons who are disabled.  The procedure describes the background and implications of the Americans with Disabilities Act, as well as outlines areas for compliance to the ADA by your company.

The ADA Procedure applies to all situations involving personnel and business outlets providing products or services to the customer. (10 pages, 3332 words)

Impact of ADA Policies and Procedures:

• Job 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.

Americans with Disabilities Responsibilities:

The Human Resources Manager should be responsible for overseeing compliance with the Americans with Disabilities Act.

Americans with Disabilities Procedure Activities

• Background
• Who is Covered?
• Employment Issues
• Public Accommodations
• Enforcement of the Act
• Additional Information Resources

ADA Policies and Procedures Related Links

• American Foundation for the Blind 202-457-1487
• 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 Commissio (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
• Who Wins Most In ADA Lawsuits-Employers Or Employees?
• 17 Most Common Myths About The ADA Answered By The Justice Department