Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. An employer is required to make a 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. Employers may not ask job applicants about the existence, nature, or severity of a disability.To understand several important ADA definitions, including who is protected by the law and what constitutes illegal discrimination, the following are some helpful explanations of key definitions to assist in determining classifications:0 Individual with a Disability - An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities. In 1999, the Supreme Court ruled that the determination of whether a person has an ADA “disability” includes consideration of whether the person is substantially limited in performing a major life activity when using a mitigating measure. This means that if […]
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