New Titles Dev

Title I is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Title I requires employers with 15 or more employees 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 such as providing a qualified interpreter for a deaf applicant to participate in a job interview unless the accommodation would impose an undue hardship on the employer. According to the US Equal Employment Opportunity Commission (EEOC), a reasonable accommodation is “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” 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.

Additionally, covered employers must provide an employee with a disability an accommodation when it is needed so the employee may perform the essential job functions or provide equal access to any benefit associated with the job, i.e., health insurance, employee parking etc. A reasonable accommodation is “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” Examples of reasonable accommodations include modification of work schedules, altering a workspace, restructuring job duties, and reassignment.

The ADA prohibits employers from asking any disability or medical related questions on an application, or during an interview. 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.

Employment complaints may be filed with the U.S. Equal Employment Opportunity Commission. The EEOC can be contacted to file a complaint by calling 800-669-4000 (V) or 800-669-6820 (TTY).

Title II requires that individuals with disabilities are not excluded from programs, services, employment, and activities provided by state and local governments. Title II regulations prohibits state and local government agencies, departments, special purpose districts, and other instrumentalities from discriminating against people with disabilities in their programs, services, and activities. A “public entity” is a state or local government, as well as any agency, office, or department run by a state or local government. Public entities must make reasonable modifications to their policies, practices, and procedures to allow equal opportunity for individuals with disabilities to participate, unless to do so would fundamentally alter the nature of the service, program, or activity. They must also provide auxiliary aids and services, integrated program access through nonstructural and architectural modifications, and meet Title I employment provisions with all employees and contractors. Public entities do not need to remove all physical barriers in existing buildings as long as programs provided in those buildings are readily accessible to users with disabilities in another facility. All new construction must be accessible.

The U.S. Department of Justice, (DOJ), has enforcement responsibility for all State and local government entities not specifically assigned to other designated agencies. Title II also seeks to ensure that individuals with disabilities have equal access to existing public transportation services. All newly purchased buses and other vehicles must be accessible. In cases of inaccessible fixed route systems, public entities must provide paratransit services comparable to the level of service provided by the fixed route system.

Individuals can file transportation complaints for violations under the ADA by contacting the Department of Transportation.