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1992-04-30
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@158 CHAP 5
┌───────────────────────────────────────────────────┐
│COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT│
└───────────────────────────────────────────────────┘
In July of 1990, Congress enacted a revolutionary and wide-
reaching piece of legislation, the Americans with Disabilities
Act (The ADA), designed to make both the workplace and most
public facilities much more accessible to disabled persons than
has been the case up to now.
This new law (42 U.S.C. 12101, et seq.) and related regulations
(29 C.F.R. 1630.), which are being phased in over several years,
will have significant impacts on a great many businesses, both
in terms of employment practices, covered under Title I of the
ADA, and in terms of removing architectural barriers and other
physical features that have limiting effects on the lives of
disabled persons (Title III of ADA).
NEW ANTI-DISCRIMINATION HIRING
RULES REGARDING THE DISABLED
Title I of ADA, effective for larger firms on July 26, 1992,
prohibits discrimination against any "qualified individual with
a disability" in all aspects of employment, including hiring and
discharge of workers, compensation and benefits. In addition,
employers must "reasonably accommodate" employees' or applicants'
disabilities, which may mean modifying facilities, restructuring
work schedules, or transferring disabled workers to vacant
positions for which they are qualified, in appropriate circum-
stances. Employers are not required to accommodate a disabled
worker, however, if doing so would impose an "undue hardship" on
the employer.
MEDICAL SCREENING TESTS
SHARPLY CURTAILED
One area that will be significantly affected in the hiring
process is the limitation on medical screening of applicants.
Companies no longer can, under ADA, screen out prospective
employees with disabilities because the applicant has an
elevated risk of an on-the-job injury, or a medical condition
that might be aggravated because of job demands. The law spe-
cifically bans questions about a job applicant's physical or
mental condition either on an employment application form or
during a job interview. (Including general questions such as,
"Do you have any mental or physical conditions that would prevent
you from performing your job functions?")
Medical exams are still allowed, but are greatly restricted.
Pre-offer exams are prohibited, but an offer may be conditioned
upon the satisfactory results of a medical examination. (But
results cannot be used to withdraw an offer, unless they show
that the individual in question is not able to perform the tasks
required by the position sought.)
Employers should be aware that the definition of "disabled" under
the ADA includes people with AIDS, those who test positive for
HIV, and rehabilitated drug abusers and alcoholics.
But note that the ADA does NOT:
. prohibit voluntary tests, such as employer-sponsored
cholesterol or blood pressure tests; nor
. require employers to hire persons who are drug users
or who have contagious diseases.
ADA is neutral on the issue of drug testing of employees, in
effect leaving that up to regulation by the states.
ADA's employment-related rules become effective on the following
dates:
. July 26, 1992 -- Equal employment rules with regard to
the disabled, effective for employers with 25 or
more employees during 20 weeks of the year.
. January 26, 1993 -- All commercial firms, not just those
serving the public, must make NEW facilities and grounds
accessible to the disabled, both to disabled employees
and to customers.
. July 26, 1994 -- Equal employment rules with regard to
the disabled, effective for employers with 15 or
more employees during 20 weeks of the year.
PUBLIC ACCOMMODATIONS FOR
THE DISABLED
Title III of the ADA requires practically all businesses to make
their facilities accessible to disabled employees and customers.
Examples of various accessibility requirements with regard to
public accommodations include the following (in all new facili-
ties, and where "feasible" in existing ones):
. One designated parking space for the disabled must be
provided for every 25 or fewer spaces (a lesser ratio
applies if there are more than 100 total spaces);
. Hotels and motels must have 5% of rooms accessible to
wheelchairs and another 5% must be equipped with such
devices as visual alarms for the hearing-impaired, for
instance;
. Access ramps must be in place where the floor level
changes more than half an inch;
. Elevators must be provided in 3-story or taller
buildings and in those with over 3,000 square feet
per story;
. In retail and grocery stores, checkout aisles must be
at least 36 inches wide (wide enough for wheelchairs);
. Theaters and similar places of assembly for 50 or more
people must have at least 3 wheelchair spaces dispersed
throughout the seating area;
. And many other similar requirements....
The new public access requirements become effective on the
following schedule:
. January 26, 1992 -- For all larger employers.
. July 26, 1992 -- For companies with 25 or fewer
employees and gross annual receipts of $1 million or
less.
. January 26, 1993 -- For companies with 10 or fewer
employees and gross annual receipts of $500,000 or
less.
TAX INCENTIVES TO REMOVING ARCHITECTURAL BARRIERS
Companies spending money to remove architectural and transporta-
tion barriers to the disabled can deduct up to $15,000 a year of
such expenses. (I.R.C. Sec. 190.) In addition, small firms
(those with gross receipts under $1 million or fewer than 30
full-time employees), who spend between $250 and $10,250 a year
on access for the disabled, can claim a tax credit for up to 50%
of the cost of such expenditures (a maximum annual credit of $5000).
(I.R.C. Sec 44)
NOTE: For more information on the Americans with Disabilities Act,
call the U.S. Department of Justice's information line,
at (202) 514-0301.