New Employment BTK Dev

The ADA prohibits covered employers from discriminating against individuals with disabilities in the full range of employment-related activities, from recruitment to advancement, to pay and benefits. An employer may choose to hire, fire or promote the most qualified applicant or employee that he/she chooses. The ADA prohibits an employer from making the decision on whom to hire, fire or promote on the basis of disability.

Covered employers are also required to provide reasonable accommodations to qualified applicants/employees with disabilities when needed to provide equal opportunity to the application process, in order to allow an employee to perform the job or in order to provide equal opportunity to any benefits associated with the job. A reasonable accommodation is any change or adjustment to the way things are typically done in the workplace.

The ADA also prohibits harassment against applicants/employees with disabilities and prohibits employers from retaliating against an applicant/employee that has exercised their rights under the ADA. In addition, the ADA prohibits discrimination against individuals that associate with individuals with disabilities, such as a family member, co-worker or friend.

The following resources provide basic information on employment with respect to individuals with disabilities in the workplace.

• The ADA: Questions and AnswersEEOC
  Answers to common questions about employment and the Americans with Disabilities Act.
• Employment Rights Who has Them and Who Enforces Them
  Department of Labor article on federal laws covering non-discrimination on the basis of disability and which government agencies are responsible for enforcing these laws.
• The ADA: Your Responsibilities as an Employer
  An EEOC fact sheet discussing which employers and what employment practices are covered and employer’s obligations to provide reasonable accommodation.
• The Americans with Disabilities Act: A Primer for Small Business
  This handbook developed by the EEOC is intended for businesses with 15 to 100 employees, and smaller businesses expecting to expand to have at least 15 employees in the near future. It provides an easy-to-read, overview of the basic employment provisions of the ADA as they relate to employees and job applicants.

The ADA has a three-part definition of “disability.” This definition taken from the Rehabilitation Act reflects the specific types of discrimination experienced by people with disabilities. Accordingly, it is not the same as the definition of disability in other laws, such as state workers’ compensation laws or other federal or state laws that provide benefits for people with disabilities and disabled veterans.

Under the ADA, an individual with a disability is a person who:

• has a physical or mental impairment that substantially limits one or more major life activities;
• or has a record of such an impairment;
• or is regarded as having such an impairment.
• EEOC Enforcement Guide to Definition of Disability
  
  For information regarding documentation of disability see Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, specifically questions 6, 7, 8.

An employer strives to attract and identify the most qualified individual with the right skills, experience and qualities for the position available. By examining hiring practices and by taking certain steps, an employer can insure that their hiring procedures do not discriminate against people with disabilities.

Recruitment

• Diverse Perspectives: People with Disabilities Fulfilling Your Business Goals
  Department of Labor document discussing the inclusion of disability in your workforce diversity program.
• Strategic Connections: Recruiting Candidates with Disabilities
  ODEP resources for the recruitment of people with disabilities.

Application and Hiring

• Job Applicants and the Americans with Disabilities Act
  EEOC fact sheet addressing common questions about how the ADA protects applicants with disabilities.
• Preparing for and Conducting an Effective Job Interview
  Department of Labor Guidelines for ensuring people with disabilities have an equal opportunity to present their job qualifications during the interview.
• Opening Doors to All Candidates: Tips for Ensuring Access for Applicants with Disabilities
  Department of Labor suggestions on how to accommodate people with disabilities during the application process.
• Pre-employment Disability Related Questions and Medical Examinations
  EEOC guidance for employers regarding questions about a disability and/or need for an accommodation during the application and interview process.
• Questions and Answers about the Association Provision of the Americans with Disabilities Act
  EEOC fact sheet discussing discrimination based on an individuals relationship or association with people with disabilities.
• Employment Tests and Selection Procedures
  EEOC fact sheet for employers on the use of testing during the process of selecting qualified employees.

A reasonable accommodation is any change in the work environment or in the way things are usually done that enables an individual with a disability to participate in:

• applying for a job,
• performing the essential functions (or fundamental duties) of a job,
• obtaining the benefits and privileges of employment that are available to individuals without disabilities

Successful accommodations require an interactive process between the employer and the applicant/employee.

• Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities ActEEOC guidance discussing what “reasonable accommodation” means and who is entitled to receive it. Topics covered include requests for an accommodation and inquiries an employer may make, including documentation.
• Small Employers And Reasonable AccommodationEEOC fact sheet specific to the reasonable accommodation obligations of small employers including limits on providing reasonable accommodation.
• Reasonable Accommodation Under the ADACornell University fact sheet providing an overview of reasonable accommodation.
• Making Management Decisions about AccommodationsDepartment of Labor fact sheet discussing the responsibility of management in determining reasonable accommodation.
• Accommodations of Specific DisabilitiesCornell University fact sheets on specific disabilities and potential accommodations (i.e. alcohol, drug abuse, brain injury, cancer, etc).
• Business Tax Credits and Deductions for Employment of People with DisabilitiesFact sheet regarding available tax incentive that may be used to off set the cost of providing accommodations.
• Accommodation and Compliance Series: Employer’s Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA)Document by the Job Accommodation Network discussing all aspects of reasonable accommodation.
• ENFORCEMENT GUIDANCE: DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)EEOC guidance discussing when employers may or may not obtain medical information about existing employees.

As military personnel leave active duty and seek to re-enter or enter the workforce for the first time Employers may have returning employees and applicants with disabilities. Employers may be faced with accommodating returning veterans and applicants and will need information on applicable laws and resources to provide accommodations to those employees and applicants. In addition to the ADA the Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to returning veterans. The ADA applies to the recruiting, hiring and accommodating of qualified veterans with disabilities. The USERRA, enforced by the U.S. Department of Labor, sets forth the requirements for reemploying veterans with and without service-connected disabilities.

• Veterans With Service-Connected Disabilities And The Americans With Disabilities Act (ADA): A Guide For Employers
  An EEOC guide for employers that explains how the ADA applies to recruiting, hiring, and accommodating veterans with service-connected disabilities.
• U.S. Department of Labor — Veterans’ Employment and Training Service (VETS) — Uniformed Services Employment and Reemployment Rights Act Information
  U.S. Department of Labor resource page for employers with information on the Uniformed Services Employment and Reemployment Rights Act.
• America’s Heroes at Work
  Online U.S. Department of Labor resource designed to assist employers in hiring military veterans who have traumatic brain injuries or post-traumatic stress disorder
• EARNWorks Veteran Initiatives
  Online resource that helps businesses understand how to navigate the various resources available for hiring, retaining, managing and promoting veterans with disabilities

Individuals with disabilities should have the same level of safety and security provided in the work environment that is provided to employees without disabilities. Emergency preparedness plans should include people with disabilities and a process to fulfill requests for any reasonable accommodations they may need in emergency situations.

• Accommodation and Compliance Series: Employers’ Guide to Including Employees with Disabilities in Emergency Evacuation
  Document by the Job Accommodation Network discussing methods employers should use to ensure people with disabilities are included in emergency evacuation plans.
• Resources on Emergency Evacuation and Disaster Preparedness
  Information developed by the US Access Board including applicable accessibility guidelines for emergency egress and resources on assistive products (i.e. evacuation chairs).
• Emergency Procedures for Employees with Disabilities in Office Occupancies
  A guide developed by Federal Emergency Management Agency and the United States Fire Administration regarding how to accommodate individuals whom may need special assistance in emergency situations and/or in the evacuation of a building.
• Fire Safety for People with Disabilities
  U.S. Fire Administration guide to fire safety for people with disabilities.
• Effective Emergency Preparedness Planning: Addressing the Needs of Employees with Disabilities
  Department of Labor fact sheet regarding obligations of employers related to emergency planning for employees with disabilities.
• Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures
  EEOC fact sheet addressing appropriate use of disability related information when developing a comprehensive emergency evacuation plan for employees.

Any employee or applicant that believes that his or her employment rights have been violated on the basis of disability has the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC.) The employer will be notified that a charge has been filed. There are a number of ways a charge may be handled including mediation.

• Mediation
  EEOC resources on mediation as a means of resolving employment discrimination disputes.
• EEOC Investigations – What An Employer Should Know
  EEOC document outlining the agencies procedures for conducting employment discrimination investigations.
• When A Charge Is Filed Against My Company
  Common Questions and Answers from employers about the EEOC discrimination charge process.
• Retaliation
  EEOC fact sheet discussing statutory protections against retaliation for filing a discrimination complaint.