General ADA Questions
Does an Organization Have to Give Preference to a Qualified Applicant With a Disability Over Other Applicants?
An organization does Not have to give preference to someone who is disabled. An employer can choose the most qualified person available and can make hiring decisions based on qualities unrelated to a disability.
Does the ADA Allow Someone With a Disability To Sue a Business When That Individual thinks the discrimination is about to take place? Does the person have to wait for the discrimination to happen?
Yes. The ADA allows someone to file a discrimination claim based on a reasonable belief that discrimination is about to take place. An example would be if a person has the knowledge that the construction of a new building does not have an accessible facility that complies with ADA.
What employers are covered by title I of the ADA, and when is the coverage effective?
The title I employment provisions apply to labor unions, private employers, employment agencies, and state and local government. Employers with 25 or more employees were covered as of July 26, 1992. Coverage for employers with 15 or more employees began July 26, 1994.
Are there Limits On the Types of Changes in Procedures, Policies, etc. Required By the ADA?
Yes. The ADA doesn't require changes that would fundamentally alter the type of services offered by the public accommodation.
What Does the Term Reasonable Accommodation Mean?
Reasonable accommodation is defined as any change or adjustment to a job or work area that will allow an employee or applicant with a disability to take part in the application process or to perform needed job duties.
Reasonable accommodation includes changes to assure that a qualified person with a disability has rights and privileges in employment equal to those of employees without disabilities.
Can an employer be required to re-assign essential functions of a job to another worker as a reasonable accommodation?
No. An employer does not have to re-assign essential functions of a job as a reasonable accommodation.
Is Illegal drug use testing allowed to take place under the ADA?
Yes. A test for the illegal use of drugs is not considered a medical exam under the ADA which means employers may conduct testing of employees or applicants and make employment decisions based on the results.