Checklist: Determine Whether Your Business is ADA Compliant

By: Jennifer Leahy
September 19th, 2011

The Americans with Disabilities Act (ADA) was enacted by Congress in 1990 and gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications, according to the definition set forth by the Equal Employment Opportunity Commission (EEOC) .

Determining exactly what, if any, impact that the legislation has on your business and employee relations can be tricky. Asking yourself the following questions may help you determine if your business is ADA compliant.

• Do you employ more than 15 people? If not, you are exempt from the tenets of the ADA. Keeping in mind the impact the act may have on your business as it grows and employs enough people to require compliance is wise, however.
• Has an employee indicated that they have a disability? Employers are only required to accommodate a “known” disability of a qualified applicant or employee. Typically those impacted by the ADA will self-identify. If you are not made aware of a situation, there is no responsibility for accommodation.
• How does the ADA relate to your hiring procedures? According to EEOC statutes, the ADA is “enforced under the same procedures now applicable to race, color, sex, national origin, and religious discrimination under title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991.” Claims of unfair treatment are filed with the EEOC or the appropriate state agency.
• Have you made or can you make hiring decisions based on disability? Employers are not required to give extra consideration to applicants with disabilities; they are to be treated just like their peers. If an individual’s disability prevents him/her from performing the essential job tasks they may be disqualified from consideration. For example if a job requires heavy lifting and they applicant is unable to fulfill the duties of the job they may be eliminated from the pool of applicants. However, if the individual can perform the job with “reasonable accommodation,” they should remain under consideration for the position. Ask yourself if the candidate is up to par with other applicants in terms of experience, education, skill, or other job task requirements. Then determine if, with or without reasonable accommodation, the individual can perform the essential functions of such a position.
• Do you understand what may be required of you under the ADA? Reasonable accommodation is defined by the federal government as “any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.”

Still confused? There are numerous guides and examples available on the ADA website. There are also hotlines and additional resources addressing all aspects of ADA compliance for all industries offered on the site.

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