FACTS ABOUT THE AMERICANS WITH DISABILITIES ACT
Title I of the Americans with Disabilities Act of 1990
Title I of the Americans with Disabilities Act of 1990, which took effect on July 26, 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
- Making existing facilities used by employees readily accessible to and usable by person with disabilities;
- Job restructuring, modifying work schedules, reassignment to a vacant position;
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is not required by law to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.
PRE-EMPLOYMENT INQUIRES AND MEDICAL EXAMINATIONS
Employers may not ask job applicants about the existence, nature or severity of a disability. Applicants may be asked about their ability perform specific job functions. A job offer may be conditional on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.
DRUG AND ALCOHOL ABUSE
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA, when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
EEOC ENFORCEMENT OF THE ADA
The U.S. Equal Employment Opportunity Commission will issue regulations to enforce the provisions of Title I of the ADA on or before July 26, 1991. The provisions take effect on July 26, 1992, and will cover employers with 25 or more employees. On July 26, 1994, employers with 15 or more employees will be covered.
FILING A CHARGE
Charges of employment discrimination on the basis of disability, based on actions occurring on or after July 26, 1992, may be filed at any field office of the U.S. Equal Employment Opportunity Commission. Field offices are located in 50 cities throughout the United States and are listed in most telephone directories under U.S. Government. Information on all EEOC-enforced laws may be obtained by calling toll free on 800-USA-EEOC. EEOC toll free TDD number is 800-800-3302. For TDD calls from the Washington, D.C. Metropolitan Area, dial (202) 989-4399 (TDD).
December 1990 EEOC-FS/E-5
Rights Division
Coordination and Review Sections
AMERICANS WITH DISABILITIES ACT
REQUIREMENTS FACT SHEET
EMPLOYMENT
Employers may not discriminate against an individual with a disability in hiring or promotion if the person is otherwise qualified for the job.
Employers can ask about one's ability to perform a job, but cannot inquire if someone has a disability or subject a person to tests that tend to screen out people with disabilities.
Employers will need to provide "reasonable accommodation" to individuals with disabilities. This includes steps such as job restructuring and modifications of equipment.
Employers do not need to provide accommodations that impose an "undue hardship" on business operations.
Who needs to comply:
All employers with 25 or more employees must comply, effective July 26, 1992.
All employers with 15-24 employees must comply, effective July 26, 1994.
TRANSPORTATION
New public transit buses ordered after August 26, 1990, must be accessible to individuals with disabilities.
Transit authorities must provide comparable paratransit or other special transportation services to individuals with disabilities who cannot use fixed route bus services, unless an undue burden would result.
Existing rail systems must have one accessible care per train by July 26, 1995. New rail cars ordered after August 26, 1990, must be accessible.
New bus and train stations must be accessible.
Key stations in rapid, light, and commuter rail systems must be made accessible by July 26, 1993, with extension up to 20 years for commuter rails (30 years for rapid and light rail).
All existing Amtrak stations must be accessible by July 26, 2010.
PUBLIC ACCOMMODATIONS
Private entities such as restaurants, hotels, and retail stores may not discriminate against individuals with disabilities, effective January 26, 1992.
Auxiliary aids and services must be provided to individuals with vision or hearing impairments or other individuals with disabilities, unless an undue burden would result.
Physical barriers in existing facilities must be removed, if removal is readily achievable. If not, alternative methods of providing services must be offered, if they are readily achievable.
All new construction and alterations of facilities must be accessible.
STATE AND LOCAL GOVERNMENTS
State and local governments may not discriminate against qualified individuals with disabilities.
All government facilities, services, and communications must be accessible consistent with the requirement of Section 504 of the Rehabilitation Act of 1973.
TELECOMMUNICATIONS
Companies offering telephone service to the general public must offer telephone relay services to individuals who use telecommunication devices for the deaf (TDD's) or similar devices.
This document is available in the following accessible formats:
Braille, large print, audio tape, electronic file on computer disk and electronic bulletin board (202) 514-6193
For more information about the ADA contact:
U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118
(202) 514-0301 (Voice)
(202) 514-0381 (TDD)
(202) 514-0383 (TDD)
CRD-20
