Most employers are subject to the requirements of the Americans with Disabilities Act (“ADA”). The ADA protects employees who have, or are perceived to have, a disability and who, with or without an accommodation for the disability, can perform the job in question. The definition of what constitutes a disability is very complex and must be answered on a case-by-case basis. The disabilities covered under the ADA may range from physical disabilities to emotional or mental illnesses. In addition, an individual who the employer believes to be disabled qualifies as a disabled individual regardless of whether the person is actually disabled. Temporary impairments are generally not disabilities under the ADA.
The ADA also protects employees who have a relationship or association with a disabled person. These provisions protect people who have family social or other relationships with disabled persons.
The ADA prohibits employers from asking certain questions or conducting medical examinations before making a job offer to a perspective employee. Once a disabled individual is employed, the ADA requires employers make “reasonable accommodations” for the disability. A reasonable accommodation is a change in the working conditions or environment that would allow the person with the disability to do their job effectively.
Learn more by reading my Secret Employee Handbook. It is free, just click the link and provide the requested information. If you want a paper copy, call or email my office.