EMPLOYMENT
If your ADD significantly restricts you from performing a major life activity, there is likelihood you would be covered. ADD is not specifically mentioned in the regulations, however the language of the RA has been tested in court, and was found to cover ADD. Keep in mind that the language in the ADA is based on the RA, so in either case you would probably be covered.
Must all employers comply with the Americans with Disabilities Act (ADA)?
All private employers with 15 or more employees must comply with the ADA, except for certain private membership clubs.
Who must comply with the Rehabilitation Act of 1973 (RA)?
The Act requires fair treatment of the handicapped by the United States Government; employers who contract with the U.S. Government, and all recipients of federal funds. So...if you are employed by the federal government, or work for a contractor doing work for the federal government, or work for any type of organization that receives federal funds, your employer must comply with the RA.
Exactly what discrimination is prohibited?
The ADA prohibits discrimination against any qualified individual with a disability, because of that individual's disability, in regard to job application procedures, the hiring and discharge of employees, employee compensation, advancement, job training, and other terms, conditions, or privileges of employment.
Am I a qualified individual with a disability?
This will be determined by the skill, experience, education, and other job related requirements for your position. You must be able to perform the essential functions of the position with or without reasonable accommodations.
What is meant by essential functions?
These are job tasks that are fundamental and not marginal. Examples of reasons a function may be considered essential are:
the position exists to perform the function; a limited number of employees are available to distribute the function to; it is a highly specialized function that requires a specific expertise or ability.What are reasonable accommodations?
Reasonable accommodations include:
providing or modifying equipment or devices, job restructuring, part-time or modified work schedules, reassignment to a vacant position, adjusting or modifying examinations, training materials, or policies, providing readers or interpreters, and making the workplace readily accessible to and usable by people with disabilities.Creating reasonable accommodations should not result in an undue hardship for the employer.
What is an undue hardship?
Undue hardship is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include, the nature and cost of the accommodation in relation to the size, resources, nature and structure of the employer's operation. Undue hardship is determined on a case-by-case basis.
Should I be required to tell my employer that I'm Attention Deficit Disordered or have any other disability?
No you are not required to tell your employer that you have a disability, however if you think your ADD will hamper your participation in the application process or in the performance of essential job functions, then you should inform your employer that an accommodation will be needed. An employer is only required to accommodate a "known" disability of a qualified applicant or employee. Accommodations must be made on an individual basis. If two different accommodations would be equally effective, the employer may choose the cheaper or the more easily implemented one. Equal employment opportunity should be provided.
What questions can I be asked on a job application or during a job interview?
Questions about your ability to perform specific job functions can be asked. Questions about your disability are prohibited.
What if my prospective employer requires me to have a medical examination before I am hired?
Medical examinations may be conducted only after a job has been offered and only if exams are required by all employees entering into a particular job classification.
Does the ADA apply to State and Local governments?
Title 2 of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies.
STATE & LOCAL GOVERNMENT
Does the ADA apply to State and Local Governments?
Title 2 of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies.
What are some of the requirements?
A state or local government must eliminate any eligibility criteria for participation in programs and services that screen out or tend to screen out persons with disabilities. They must reasonably modify policies, practices, or procedures to avoid discrimination.
PUBLIC ACCOMMODATIONS
We've spoken about on-the-job protection, and protection when I deal with state and local governments. Am I protected when I'm in a restaurant or hotel, or some other public place?
A private entity that owns, operates, leases, or leases to a place of public accommodation must comply with the ADA. These include a wide range of entities such as restaurants, hotels, theaters, doctor's offices, stores, day-care centers, private schools, museums, and parks. Private clubs and religious organizations are exempt from these requirements.
Can I be refused service in a place of public accommodation?
In general, no, you cannot be denied service because of your ADD or any other disability. They must offer you goods and services in the most integrated setting appropriate to meet your special needs. They may impose legitimate safety requirements only if actual risks exist. Those safety requirements may not be based on speculation or stereotypes.
The ADA and the RA are strong laws that should help to end years of disability discrimination. This pocket guide is a brief overview of their requirements. These laws are dotted with exceptions to many of their rules.
If you think you have been discriminated against, you can file a complaint with one of the federal agencies responsible for enforcing these laws.
For information, contact:
Office of the Americans with Disabilities Act
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118
(202) 514-0301 (voice)
(202) 514-0383 (TDD), or
Equal Employment Opportunity Commission
(800) 669-EEOC (voice)
(800) 800-3302 (TDD)