Core Concepts in the ADA
The ADA is based on four core concepts: disability, otherwise
qualified, reasonable accommodation, and direct threat. Disability is defined
much more broadly than traditional medical usage. In the congressional findings
supporting the ADA, it was estimated that approximately 43 million persons were
disabled by the standards of the ADA. The ADA defines disability, with respect
to an individual, as the following:
1. a physical or mental impairment that substantially limits
one or more of the major life activities of such individual;
2. a record of such an impairment;
3. or being regarded as having such an impairment.
The definition of disability is at issue for all three of the
areas addressed by the ADA: access to public services and facilities, access
to private services and facilities, and employment. "Otherwise qualified" and
"reasonable accomodation" are at issue when a disabled person seeks employment.
For example, a disabled individual who knows no computer programming languages
would not be otherwise qualified to be a computer programmer. Reasonable accomodation
refers to the steps the employer must take to help a disabled individual do
a job. These can range from just providing a stool for a cashier with arthritis
to a full time helper for a blind attorney. Even if a disabled person is otherwise
qualified for a job, with or without a reasonable accomodation, the ADA does
not require that person to be given the job if doing so would pose a significant
risk to others. For example, a truck driver with impaired vision or who was
prone to blackouts would pose a significant risk to others. Risk to self, despite
some contrary language in the EEOC regulations implementing the ADA, is not
sufficient reason to deny a person the chance to do a job. This is a change
from previous law which allowed employers to refuse to hire persons who were
at high risk of injury in a given job. Unfortunately, all of these terms are
ambiguous and have generated substantial litigation.
The ADA covers only long-term disabilities, not those from acute
illnesses or injuries that affect the worker for less than six months. The ADA
specifically exempts illegal drug use, drunkenness, sexual preference (homosexuality,
bisexuality, and transvestism), and pregnancy from the definition of disability.
Beyond these specific exemptions, it provides that the employee's physical or
mental condition cannot be considered except as directly relevant to job performance.
This follows the existing law that limits educational testing to qualifications
that are directly related to job performance. Employers may not use a calculus
test to screen applicants for janitorial jobs, and they may not use blood sugar
testing to screen potential secretaries.
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