Many businesses across Wisconsin have questions concerning the legal requirements they face under the American’s with Disabilities Act. From workplace accommodations to hiring and human resource policies, employers are often confused and unsure of what they can and cannot do in hiring individuals with disabilities. For specific questions related to your business and the ADA contact the Great Lakes ADA Center of the Disability and Business Technical Assistance Center at 1-800-949-4232 or go to their website at http://www.adagreatlakes.org.
It is important to note that businesses with less than 15 employees are exempt from requirements under the ADA.
For the remaining businesses with 15 or more employees Title I of the ADA requires them to provide equal employment opportunities for individuals with disabilities. Employers may hire, fire, and promote the most qualified individual, regardless of his/her disability. Title I covers all aspects of the hiring process, including posting of available positions, interviewing, job offers, and hiring. It requires all employers to make necessary reasonable accommodations for known disabilities of a qualified applicant or employee, unless the accommodation would impose an undue hardship on the employer. Examples of reasonable accommodations include modification of work schedules, altering a workspace, restructuring job duties, and reassignment. Tax credits may be available for employers that comply with the law.
The ADA, under Title I, prohibits employers from giving pre-employment medical exams or inquiries to determine if an individual is disabled. It also prohibits the use of employment tests and other selection criteria that screen out or tend to screen out individuals with disabilities unless the tests are shown to be job-related and consistent with business necessity. Employers must also keep results of any medical exams confidential. The law permits employers to inquire about the ability of a job applicant or employee to perform essential job-related functions at any time.
Title I complaints may be filed with the Equal Employment Opportunity Commission, the enforcement agency for Title I. The EEOC can be contacted to file a complaint by calling 800-669-4000 (V) or 800-669-6820 (TTY).
Source: Disability and Business Technical Assistance Center- Great Lakes ADA Center
The American with Disabilities Act (ADA), was signed into law under President George Bush on July 26, 1990. It prohibits discrimination against disabled citizens and mandates the removal of barriers limiting their full participation within American society.
The ADA bans discrimination in employment, and requires full access to government facilities, services and public transportation. It also prohibits privately owned businesses from excluding or discriminating against people with disabilities. It also established a national telephone relay service for deaf and hard-of-hearing citizens, enabling essential access to telephonic communication.
