Learn the Ins and Outs of Americans with Disabilities

The Chicago Lighthouse is here to help you learn the ins and outs of the Americans with Disabilities Act (ADA) and to untangle its essential implications for businesses.

Passed in 1990, the Americans with Disabilities Act (ADA) guarantees civil rights protections for people with physical or mental disabilities similar to those provided to individuals on the basis of race, sex, national origin, age, and religion. The ADA ensures equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. Title I of the ADA addresses employment issues.

Title I of the ADA is not affirmative action legislation nor does it promise “special treatment” to employees with disabilities. Its essential aim is nondiscrimination in job application procedures, hiring, firing, advancement, compensation, training, recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

Employers are required to make reasonable accommodations for a qualified individual with a disability. In the ADA ’s terminology, this word “qualified” is key. According to the EEOC, a “qualified individual with a disability” is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Reasonable accommodations allow qualified individuals to enjoy the same work experience, benefits, and privileges as other employees. Such accommodations for people who are visually impaired can vary in complexity and expense, such as turning an employee’s desk to reduce glare on a computer monitor to purchasing adaptive technology equipment.

Financial and technical assistance is readily available for employers looking for guidance in accommodating an employee with a disability. For more information on what The Chicago Lighthouse offers in this area, see our Accommodations and Resources brochures.

Requiring the ability to perform essential functions ensures that an individual with a disability will not be considered unqualified simply because of an inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether a reasonable accommodation might enable the individual to perform these functions.

It is a common misconception that the ADA prohibits a potential employer or interviewer from ever asking about a disability during a job interview. As an employer, you maintain the right to ensure that the employees you hire are qualified and when you are dealing with a blind or visually impaired candidate, you will probably have many questions. The subject isn’t taboo, but the law states that there are three instances in which reasonable accommodations can be addressed during an interview or on the job:

1. If the applicant openly expresses the need for an accommodation.
2. If the applicant discloses a disability but does not explicitly request an accommodation and the employer reasonably thinks that an accommodation is needed to do the job.
3. If a disability is obvious, such as a blind person who uses a white cane or a guide dog.

In each of these situations, an employer can ask a person to describe or demonstrate how he or she could perform essential functions of the job (provided that all other non-disabled candidates applying for the same position have to undergo the same requirements). The employer’s questions, however, should always be job-related and cannot get into the nature of the disability. Your focus should be on whether the individual can perform the essential functions of the job and what accommodations he or she will need, if any – not the disability itself.

You have a right and an obligation to your company to verify that this person is qualified, but keep in mind that reasonable accommodations should always be considered in these situations. A disability alone is not enough to disqualify a person for a job.

The ADA protects employers from accommodations that will impose an undue hardship, which is defined as “an action requiring significant difficulty or expense” when considered in light of a number of factors, such as the nature and cost of the accommodation in relation to the size, resources, nature and structure of the employer’s operation. Undue hardship is a relative term and is legally determined on a case-by-case basis.

According to the ADA , if the cost of an accommodation would impose an undue hardship on the employer, the employer and the employee should discuss the options together to arrive at an effective, practical solution. Outside funding and resources are available to aid in this process.

Much of this guide is provided complements of the Chicago Lighthouse

ADA Buzz Words
ADA Requirements/Myths vs. Facts
Workplace Accommodations and Adaptive Technology