Title I of the ADA protects qualified individuals with disabilities from employment discrimination. Under the ADA, an individual with a disability is a person who has:
- A physical or mental impairment that substantially limits one or more major life activities;
- a record of such an impairment; or
- is regarded as having such an impairment.
“Substantially limits” means that the person is unable to perform, or is significantly limited in the ability to perform, an activity compared to an average person in the general population. Major life activities include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Mitigating measures such as medication, medical equipment and coping mechanisms are considered in determining whether an impairment rises to the level of a disability. Hearing loss is a physical impairment that may substantially limit the major life activity of hearing, depending on the degree of severity and the effectiveness of mitigating measures. A minimal hearing loss or a more severe hearing loss that is largely corrected through the use of hearing aids probably would not rise to the level of an ADA disability. Whether an individual’s hearing loss rises to the level of a disability under the ADA is always decided by examining the each individual’s specific impairment.
In order to be protected under the ADA, the applicant or employee with a disability must also be qualified for the position held or desired. The ADA defines a qualified individual with a disability as a person with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position and who, with or without reasonable accommodation, can perform the essential functions of the job.
Providing a necessary reasonable accommodation for an individual with a disability is considered a form of non-discrimination under the ADA. Reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity.
Reasonable accommodations for individuals with disabilities should be implemented, as necessary, in all phases of employment, including the selection process, training and orientation, performance of job tasks, meetings with co-workers and supervisors, career advancement and planning, business social events, and eventual resignation and retirement. An employer is not required to provide a reasonable accommodation that would impose an undue hardship on the operation of the business. The concept of undue hardship includes any action that is unduly costly or disruptive.
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