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Friday, March 28, 2025

ADA compliance ensures fair treatment for disabled workers

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Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | Official website

Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | Official website

The Americans with Disabilities Act (ADA) is a crucial law aimed at preventing discrimination against individuals with disabilities in employment. Employers are required to follow specific guidelines related to hiring, workplace policies, job accommodations, and employment conditions to ensure compliance.

The ADA's applicability is determined by employer size. Companies with 25 or more employees have been subject to the law since July 26, 1992. Those with 15-24 employees have been required to comply since July 26, 1994. Businesses employing fewer than 15 people are not covered under the ADA.

Employers must make sure that disability does not become the sole reason for decisions concerning hiring, promotion, termination, salary, training opportunities, and other employment conditions. It is important that "policies applied uniformly to all employees do not inherently violate the ADA." Employees with disabilities should receive equal access to health insurance and benefits. Additionally, employment tests should focus solely on essential job-related skills.

Under the ADA, a person is protected if they have "a physical or mental impairment that substantially limits major life activities," have a history of such impairments, are regarded as having a disability, or experience discrimination due to association with a person with a disability. Current illegal drug users are excluded from protection; however, those recovering from addiction and in supervised rehabilitation programs are protected.

To be deemed qualified under the ADA, an individual must meet educational requirements and be able to perform essential job functions "with or without reasonable accommodation." Essential job functions should be clearly defined through job descriptions and performance standards. If a function is central to a role and an individual cannot perform it even with accommodation, they may be disqualified.

In terms of recruitment and hiring practices under ADA compliance: Job postings must specify essential functions and include non-discriminatory statements. Recruitment efforts should be accessible for individuals with visual, hearing, or mobility impairments. Employment agencies must also adhere to these regulations.

During the application and interview process: Applications should avoid questions about medical history or disability status. Employers can inquire whether applicants can perform essential duties "with or without accommodations." Interviewers need training to avoid prohibited questions about past illnesses or medical treatments.

Implementing these measures helps employers fulfill legal obligations while fostering an inclusive workplace environment. Regular policy reviews alongside providing ADA training ensure accessibility in both hiring practices and ongoing employment conditions.

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