Here are the three titles in the Americans with Disabilities Act:
Title I | Title II | Title III
TITLE I:
Contents:
1. Who is a person with a disability?
2. What is a qualified person with a disability?
3. What is a reasonable accommodation?
4. What are improper questions during the hiring process?
6. The history of Title I Litigation.
TITLE 1
EMPLOYMENT
It is a violation of law to discriminate against people with disabilities in employment. This title of the ADA covers all businesses with 15 or more employees for each working day in each of 20 or more calendar weeks in a calendar year.
WHO IS A PERSON WITH A DISABILITY?
One important issue that each such employer must be aware of is who is a person with a disability. There have been major changes in how a person with a disability is defined through rulings of the U.S. Supreme Court that were handed down during the summer of 1999. Since then the E.E.O.C. has published revised guidelines for defining who is a person with a disability. For a comprehensive discussion of this issue the E.E.O.C. maintains a web site with the guidelines on line. In order for a person to be defined as disabled under the ADA the individual must have a physical or mental impairment that results in a substantial limitation in the ability to engage in one or more major life activities. Major life activities include activities such as walking, seeing, hearing, learning, etc. The ADA also provided protection against discrimination to people who have a history of disability and to people who are regarded as being disabled. An individual with a physical or mental impairment which is successfully treated through medication would not be considered to be a person with a disability; however, if that person was still regarded as being disabled then the ADA would protect that individual. The same holds true for individuals whose ability to engage in major life activities is restored through the use of appliances such as a corrective glasses for a person who has impaired vision. Only when the impact on the ability to engage in major life activities cannot be restored through medication or appliances does an individual meet the legal definition of being a person with a disability.
WHAT IS A QUALIFIED PERSON WITH A DISABILITY?
A qualified person with a disability is an individual who is disabled and who is able to perform the essential functions of a job. That person would be qualified for that job. The ADA does not require that a job be given to a person with a disability if the person cannot perform the essential functions of that job. Not all job functions are essential. A person working as a word processor may fill in as the receptionist during the lunch break of the full time receptionist. That receptionist activity would not be an essential function of the job of doing word processing. An inside salesperson may occasionally drive to a local shipping office when a purchase is being shipped. Driving would not be an essential function of the sales job whereas it would be an essential function for an outside salesperson who visited customers in their places of business. An employer is required to provide reasonable accommodations to a person with a disability when such accommodations will help that person to be able to perform the essential functions of a job. Therefore a person with a disability is a qualified person with a disability when that person, with reasonable accommodations, is able to perform the essential functions of the job.
WHAT IS A REASONABLE ACCOMMODATION?
An employer is required to provide reasonable accommodations to employees with disabilities when such accommodations are needed for the person to "enjoy equal employment opportunities." A reasonable accommodation can be an alteration of the employment application process such as using written questions and answers during an interview for an applicant who is deaf. A reasonable accommodation can be an alteration in the workplace or a modification of a policy that allows the employee with a disability to perform the essential functions of the job such as lowering files for a person who uses a wheelchair. A reasonable accommodation can be an alteration of the workplace or the modification of an policy that allows the person with a disability to enjoy equal benefits and privileges of employment. A person with a disability who uses a service dog may request the reasonable accommodation of having their service dog with them at work for assistance when going to and from work and during breaks and at lunch time.
WHAT ARE IMPROPER QUESTIONS DURING THE HIRING PROCESS?
It is a violation of the ADA to ask questions during the hiring process that are intended to or have the result of requiring the applicant to disclose any information about a disability. Questions concerning medical history, past use of alcohol or drugs, past periods of disability or limitations of the abilities of the applicant are therefore improper questions. Asking a person who takes a longer time than average to complete an application for employment or a non timed test could require the applicant to reveal a learning disability. Asking an applicant if they have, in past employment, ever taken a medical leave could require the applicant to discuss a disabling medical condition. Only after a conditional offer of employment has been made to an applicant can any questions about disability be asked. Even then there is only one proper question. That question is, "Do you have a disability for which reasonable accommodations are needed for you to be successful in this job?" The only reason that an employer has for asking any disability related question is to determine if reasonable accommodations are necessary. Depending on the nature of requested reasonable accommodations it may be proper to request medical documentation of the person's disability. An employee who is hard of hearing may need a telephone with an amplifier. It would be unreasonable to demand medical documentation of such a person being hard of hearing as such a disability would be obvious. The same would hold true for a person requesting a desk with more vertical knee space due to the person using a wheelchair. A person who walks with a cane or crutches and who has a disabled person's parking permit should not be required to provide medical documentation of an impairment when requesting a parking space near the employee's entrance. A person with a disability such as a severe anxiety disorder can be required to provide medical documentation of the disorder when asking for a reasonable accommodation of a private office when all other employees work in cubicles. A person with a disability seeking flexible work hours due to treatment schedules can be asked for documentation of the impairment and the need for such treatment. A person with a disability seeking to have their seizure alert service dog with them at work can be asked to provide medical documentation of the impairment and the need for a service dog.
Some reasonable accommodations can result in an undue hardship on the employer. A legal secretary asking for flexible hours may be an undue hardship to the attorney who needs the secretary present when the attorney is working. Major alterations of a building such as installing an elevator may, based on the cost of the alteration, represent an undue hardship. However, the overall financial recourses must be taken into account in determining an undue hardship based on the cost of the requested reasonable accommodation. Most reasonable accommodations have been found to not be very expensive nor disruptive of the place of employment.
THE HISTORY OF TITLE I LITIGATION
Many more plaintiff lawsuits have been filed in federal court under Title I of the ADA then the other titles combined. In order for an employee or an applicant for employment to file a plaintiff lawsuit a complaint must first be filed with the E.E.O.C. Only after a right to sue letter has been provided by the E.E.O.C. can a lawsuit be filed. Even with that administrative review in place in excess of 90% of Title I lawsuits have been decided in favor of the defendant (the employer). Most of these cases have resulted in the court determining that the plaintiff is not a person with a disability or that the plaintiff is not a qualified person with a disability. Many lawsuits have been filed by people with "bad backs", frequent headaches, depressive disorders, etc. Most federal judges agree that such conditions do not result in a substantial inability to engage in one or more major life activities. There have also been many lawsuits filed where the judges have determined that the plaintiff is not qualified for the job in question. Even if a person is disabled the individual still must be qualified to perform the essential functions of the job.