Americans with Disabilities Act

Who Qualifies For Disability Under the ADA?

Under the ADA, an individual is considered disabled if they have a physical or mental impairment that limits one or more major life activities like caring for oneself or performing manual tasks. Impairments limiting an individual's ability to participate in major life activities include blindness, deafness, autism spectrum disorder, cerebral palsy, and cancer. 

Additionally, those with mental illnesses that significantly affect their daily functioning may also be covered under the ADA. The law also applies to individuals with addictions, such as alcohol or drug use disorders. Finally, the ADA covers those with frequently episodic conditions, such as diabetes or epilepsy, when the condition significantly impacts them even during periods of remission. In addition, recipients of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are automatically considered disabled under the ADA. 

What are Reasonable Accommodations?

A reasonable accommodation is a change in either the work environment or how a job is conducted to enable an employee living with a disability to exercise their rights as per the requirements of the Equal Employment Opportunity Commission (EEOC). Employers are not allowed to ask about your disability, but if you start the conversation, they can determine what accommodations you need in order to conduct essential functions of the job.

Reasonable accommodations vary based on the size of the employer, the impact on co-workers, and the cost of the accommodation. An accommodation considered reasonable by one employer may not be practical in another work environment. The main issue is whether your accommodation will create an undue hardship for your employer.

Some examples of reasonable accommodations include:

• Modifying work schedules
• Modifying equipment or devices
• Making the work environment accessible
• Providing flexible leave policies

Reasonable accommodations depend on the nature of your work and disability. Some reasonable accommodations do not directly pertain to the immediate work environment. For instance, your employer can allow you some time off if your disability requires several doctor's appointments.

Can An Employer Investigate a Prospective Employee to Prove Disability?

The Americans with Disabilities Act (ADA) prohibits employers from asking questions about a potential employee's disabilities. This means that a potential employer should not ask you to take a medical exam or ask if you have any disability. If the disability is obvious, the employer should not inquire about its nature or severity.

However, your employer can ask if you can perform a job-related function. They can also ask you to demonstrate or describe how you will conduct your duties with or without reasonable accommodation. These questions may allow you to inform your potential employer about the limitations that can prevent you from performing your job. You do not have to disclose that you have a disability if you prove that you can perform job-related functions.

Does the ADA Consider Safety Issues?

The Americans with Disabilities Act (ADA) allows employers to determine standards that eliminate individuals who are likely to threaten the safety of other individuals at the workplace, particularly if the threat cannot be reduced by offering reasonable accommodations.

However, the employer should not just assume the risk exists. The threat must be established through objective using medically supported evidence. The ADA balances the employers' interests with those of individuals with disabilities to maintain a safe workplace. For this reason, excluding an individual for safety reasons should not be based on fear, ignorance, stereotypes, or generalizations.