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Frequently Asked Questions

Question: I am a federal employee. Am I covered under the ADA?

Answer: No, employees in the federal sector are covered under Section 504 of the Rehabilitation Act of 1973. Coverage in both laws of the person with a disability in the workplace is very similar. Federal employees are covered in this manner because Section 504 is the "parent" of the ADA. Congress based the ADA on federal laws that already existed. The ADA covers the private sector and state and local governments.

Question: My local corner store is not wheelchair accessible to me. Why not?

Answer: The ADA requires private entities to do "readily achievable barrier removal absent undue hardship on the covered entity". Undue hardship would include not having financial resources needed to remove the barrier or if the building is not structurally capable of the renovation. When undue hardship exists, then "alternatives to barrier removal" must be considered such as curb-side service.

Question: I need to write to my employer with my request for a reasonable accommodation at work. I have no idea how to write this type of letter. Are there any examples for me to look at?

Answer: Yes, there are. Review an example at: www.jan.wvu.edu/media/accommrequestltr.html

Question: I brought my own sign language interpreter to my doctor’s appointment the other day. As I was leaving, I told the office to pay for this interpreting service and they refused. Is this legal?

Answer: They were correct. Effective communication must be provided by a private entity. However, they make the arrangements for the interpreter to be present, not the person with the disability. The "undue hardship" limitation may be a factor for the business when choosing an interpreter referral service.

Question: Are there any special tax breaks for me as a person with a disability?

Answer: Contact the IRS at 1-800-TAX-FORM to request a copy of Publication 907 "Tax Highlights for Persons With Disabilities".

Question: I am designing a brand-new building. I plan on using the ADAAG standard for accessibility for this new building. I have been told that I must use my state’s building code instead. Why?

Answer: State building code will be the source to consult when something is being built. The ADA is a civil rights piece of legislation. The Americans with Disabilities Act Accessibility Guidelines (ADAAG) is a set of minimum standards. Building code is more restrictive than the ADA. A building’s "certificate of occupancy" is based upon compliance with state building code, not the ADA.

Question: I am employed. I also have a disability. Can I be fired from my job?

Answer: Yes, if the termination is based upon your job performance. If you are a member of a union then there may be job protections that come from the collective bargaining agreement that will cover all union members. However, in the private sector, an "at will" employer may terminate you when the termination is performance-based. Reasonable accommodations must be provided by the employer, absent undue hardship on the employer, which will enable you to perform the essential job functions. After that, it becomes purely a matter of whether or not the person with the disability is doing the job and performing at the level expected by the employer.

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