Obligation of an Employer Under Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a law that prohibits discrimination against people with disabilities, including deaf and hearing impaired people. The ADA prohibits an employer from retaliating against an applicant or employee for asserting his/her rights under the ADA. The ADA covers employers with 15 or more employees.
Title I - Employment
Questions and Answers
Q. How do I determine whether a reasonable accommodation is appropriate and the type of accommodation that should be made available?
A. The requirement generally will be triggered by a request from an individual with a disability, who frequently can suggest an appropriate accommodation. It need not be the best accommodation or the accommodation the individual with a disability would prefer, although primary consideration should be given to the preference of the individual involved.
Q. What are my responsibilities as an employer for making my facilities accessible?
A. As an employer, you are responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship. Accessibility must be provided to enable a qualified applicant to participate in the application process, to enable a qualified individual to perform essential job functions and to enable an employee with a disability to enjoy benefits and privileges available to other employees.
Q. Is an employer required to provide an interpreter as a job accommodation in accordance with the ADA or similar civil rights legislation?
A. An employer is required to make reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an ?undue? hardship? on the operation of the employer's business.
Q. If an applicant requests an interpreter for an interview, is an employer required to pay for the cost of the accommodation?
A. According to the Equal Employment Opportunity Commission (EEOC), employers are primarily responsible for the cost of accommodations unless it will pose an undue hardship upon the employer to pay for the accommodation.
An employer does have the right to decide which effective accommodation will be provided.
Q. Is an employer obligated to provide an interpreter for an employee to attend training or conferences under the ADA?
A. Yes. Employees with disabilities must be provided equal opportunities to participate in training to improve job performance and provide opportunity for advancement.
Q. Does the ADA require that I post a notice explaining its requirements?
A. The ADA requires that you post a notice in an accessible format to applicants, employees and members of labor organizations, describing the provisions of the Act. EEOC will provide employers with a poster summarizing these and other Federal legal requirements for nondiscrimination. EEOC will also provide guidance on making this information available in accessible formats for people
References and Resources
The Equal Opportunity Commission
P. O. Box 7033
Lawrence, Kansas 66044
1-800-669-4000 (voice)
1-800-669-6820 (TDD)
http://www.eeoc.gov/
U. S. Department of Justice
Office of the Americans with Disabilities Act
Civil Rights Division
P. O. Box 66118
Washington, D.C. 20035-6118
1-800-514-0301 (voice)
1-800-514-0383 (TDD
http://www.ada.gov/