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The Americans with Disabilities Act (ADA) protects people with disabilities against discrimination. This act requires qualifying employers to make reasonable accommodations for employees who have disabilities. A disability is any physical or psychological condition that impairs the ability to perform the normal activities of daily living. Low vision, Bipolar disorder and partial paralysis are all considered disabilities for the purposes of this law. Employers must provide reasonable accommodations for three different aspects of employment: the application process, performing the essential functions of the job, and enjoying the benefits of employment.

Application Process

During the application process, potential employers must provide reasonable accommodations for those who need assistance completing Job Applications and any other required paperwork. Someone with low vision may request an application in large print. If the application center is not accessible to those with disabilities, the employer should allow the person to fill out the application elsewhere or take the application home and bring it back at a later date. Some applicants may require assistance in completing the application materials.

Essential Functions

Essential job functions are the main duties performed in a particular job. The duties of a payroll clerk might include making quarterly tax payments, issuing bi-weekly paychecks to employees and making deposits to the payroll bank account. Marginal job functions are additional duties that are not essential to the performance of a particular job. A payroll clerk may occasionally assist with filing, but this is not an essential function of the position. Employers must provide reasonable accommodations so that disabled employees can perform their essential job functions. Allowing a diabetic to eat lunch at noon instead of 1:00 is an example of a reasonable accommodation. An employer may also have to reassign marginal tasks to other employees in order to comply with the ADA.

Benefits of Employment

Employers also have a responsibility to ensure that employees are able to enjoy all the benefits and privileges of employment. An employer might install Braille signs to accommodate a blind employee or rearrange furniture to make the aisles wider for a person in a wheelchair.

Compliance

Not all employers need to comply with this act, but the requirements apply to millions of employers in the United States. This act applies to employers with a minimum of 15 employees. It also applies to commercial facilities and programs provided by state and local governments. The ADA requires employers to remove physical barriers, but it is flexible in determining what is reasonable. A large corporation with millions of dollars in revenue each year is expected to do more to remove barriers than a small business owner who makes only $100,000 each year.

Penalties

The penalties for not complying with the ADA are steep. The attorney general of a state can file a lawsuit against a non-compliant business, with a possible penalty of $55,000 for the first violation. Additional violations can cost even more. Anyone who feels discriminated against due to a disability should file a complaint with the disability rights section of the U.S. Department of Justice.

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Q: A Workplace Guide to ADA Compliance?
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