Understanding the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is the first federal civil rights law to deal broadly and specifically with the rights of disabled citizens. Since its passage in 1990, the ADA has had a huge impact on American society, allowing millions of disabled Americans to pursue opportunities that were unavailable to them in the past.

What is the ADA?

The ADA guarantees that disabled Americans have the same opportunities and access in the workplace, government programs, public accommodations, transportation, and telecommunications that other citizens enjoy. To qualify for ADA protection, an individual must have a physical or mental disability that impairs a "major life activity," such as walking, seeing, hearing, or speaking.

The ADA is an extremely important law for employers, since it regulates when and how they must accommodate disabled workers and customers. As a rule, ADA employment rules apply only to firms with more than 15 employees. The ADA's public accommodation provisions apply regardless of a company's size, although these apply mostly to retail stores, restaurants, and other firms that do business with the general public.

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Complying with the ADA

The ADA states that employers must make "reasonable accommodations" for disabled workers, giving them the same rights and privileges as other employees. A firm is exempt from this requirement only when it can prove that doing so would create an "undue hardship" on its business.

Reasonable accommodations could include anything from installing a wheelchair-accessible entrance to offering voice-activated computer software to a sight-impaired worker. This policy also applies to the hiring process; if an employee can handle essential job functions, you cannot discriminate against them merely because they're unable to conduct certain marginal job duties. The ADA does not, however, require an employer to lower its product or performance standards to accommodate a disabled employee.

If a particular accommodation would impose an undue hardship — such as a major financial strain on a company — a business owner must first try to find another way to comply. If a small business cannot afford to install a wheelchair ramp, for example, it might offer to split the cost with the employee. In extreme cases, however, undue hardship can exempt you from ADA regulations on a case-by-case basis.

When the need arises to accommodate a disabled employee or candidate, make sure you conduct the discussion or negotiation fairly and document the interchange. Talking with disabled employees about reasonable accommodations can constitute an accessibility issue in itself, so be aware of each step you take in the process.

If an employer fails to comply with the ADA, an employee may sue, forcing the company to comply or to pay damages. In addition, the ADA prohibits any attempt to coerce or to retaliate against an employee for asserting their legal rights under the ADA or for reporting possible violations.

Tax credits for complying

If you modify your company's workspace to comply with ADA regulations, you may qualify for a tax credit. A credit of up to $5,000 per year is available to cover accommodations that cost at least $250 but less than $10,250. Another tax credit of up to $15,000 per year is available if you remove certain architectural or transportation barriers, such as steps, narrow doors, inaccessible parking spaces, and restrooms, that do not meet ADA standards.

A series of other laws falls under the equal employment opportunity act, and your business is required to observe all their parameters in your management processes.

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