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The Americans with Disabilities Act (ADA) is a federal
civil-rights law that protects people with disabilities in a
range of situations including employment. The law applies to
workplaces with more than fifteen employees and covers private
businesses, public agencies, nonprofit and labor organizations.
In cases where the ADA does not apply, state law may apply.
Under the ADA it is illegal for an employer to discriminate
against an employee on the basis of an actual or perceived
disability if a person can perform the essential functions of
the job (a qualified employee). The ADA also prohibits
discrimination against someone because a family member or
someone they have a relationship with has, or is perceived to
have, a disability.
ADA
employment provisions include:
Having,
or being perceived to have a disability, is a precondition for
legal protection. The ADA defines disability as a substantial
impairment that limits a major life activity, such as:
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hearing
seeing
performing manual tasks
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walking
breathing
speaking
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caring
for self
learning
working
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People
infected with HIV, whether symptomatic, or asymptomatic, are
currently covered under the ADA.
To
receive protection under the ADA you must be qualified for the
job. This means that you must meet the basic skill, education,
and experience requirements. You must also be able to perform
the essential job functions with or without a reasonable
accommodation (a modification to the job or workplace).
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Job
Interview, Selection, and Hiring Process
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The
ADA has specific guidelines for employer behavior during the
hiring process (see guidelines at right).
A
reasonable accommodation is a change in a job or work
environment that would enable a qualified employee with a
disabling condition to perform the essential tasks of a job. An
employer is required to offer a reasonable accommodation for
conditions of known disability unless it is unduly costly,
extensive, or would fundamentally alter the business operation.
Reasonable
accommodations take many forms, such as changing a work schedule
to fit an employee's drug regimen and medical appointments. If
you think you might benefit from an accommodation, first
evaluate whether you are ready to disclose your HIV status.
Before you speak with your employer, get an idea of what changes
could be made to your job or workplace.
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Medical
Records and Confidentiality
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Employee
medical records are confidential and must be filed separately
from other employee records. Human resources personnel, a
supervisor, union representative, or others, who have a need to
know about an employee's medical condition, are legally
obligated to keep the information confidential.
If
an employer provides insurance benefits, it cannot refuse
coverage or refuse to hire a worker with a disabling condition
or who has a family member who has a disability. Pre-existing
condition clauses, however, are permissible under the ADA. For
example, a person with HIV/AIDS could have treatment for that
condition excluded from insurance benefits for a specified
period of time. This exclusion must apply to all employees and
applicants with a disability not just those diagnosed with HIV
infection or AIDS.
The federal Equal Employment Opportunity
Commission (EEOC) enforces employment provisions of the ADA and
the Department of Justice enforces other provisions. |
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For
more information contact:
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