The material in this issue comes from BLR®’s popular 10-Minute HR Trainer session, “The ADA—What Supervisors Need to Know.” Train your supervisors and managers on these basic facts, definitions, and requirements regarding the Americans with Disabilities Act.
What Does the Americans with Disabilities Act (ADA) Require?
The ADA was enacted to remove obstacles to employment and give individuals with disabilities the chance for equal job opportunities. The law prohibits discrimination on the basis of disability against qualified individuals in all employment practices, conditions, and privileges of employment, including:
- Job applications, recruitment, and hiring practices
- Compensation, benefits, promotions, training, and other conditions and opportunities
- Discipline, discharge, and layoff
What Is a Disability Under the ADA?
According to the ADA, a “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities. Here are more details on the law’s terms:
- “Major life activity” includes activities such as lifting, bending, seeing, hearing, speaking, walking, eating, breathing, performing manual tasks, working, learning, thinking, concentrating, communicating, and caring for oneself.
- “Substantially limits” means being unable to perform a major life activity that most people can perform, or being more restricted than most people in the way or length of time in which a major life activity can be performed.
Yes, you do have the budget and time to train managers and supervisors with BLR’s® 10-Minute HR Trainer. Try it at no cost or risk. Get details.
The following also qualify as disabilities under the law:
- A record of a disability now cured (for example, cancer) or a record of a misdiagnosis
- Being subjected to an adverse employment decision (such as being fired or demoted) because your employer thinks you have an impairment. (Impairments like common colds generally are not included.)
What Are Not Disabilities Under the Law?
The following are not considered disabilities under the ADA:
- Current use of illegal drugs or untreated alcoholism
- Compulsive gambling
- Sexual behavior disorders
- Temporary problems such as the common cold
Note that recovering substance abusers in treatment, however, may have a qualifying disability under the Act. Instruct supervisors to consult with human resources in such situations.
How Does the ADA Define “Qualified”?
The ADA says that individuals with disabilities who are qualified are those who:
- Meet legitimate requirements for a job in terms of skill, knowledge, or experience
- Can perform the essential functions of the job with or without reasonable accommodation
Train your line managers with BLR’s 10-Minute HR Trainer. There won’t be time for classroom boredom. Try it for free.
In tomorrow’s Advisor, we’ll continue to define and describe ADA requirements—and explore a dynamic and effective resource that packs a lot of powerful training into only 10 minutes.