San Diego ADA Compliance Services

What Is the ADA Definition of a Disability?

Not everyone with a medical condition is protected by the ADA. For an employee to be protected under the ADA, he or she must have a “disability.” The ADA definition of a disability is a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

Major life activities include, but are not limited to:

• Caring for oneself
• Performing manual tasks
• Seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working
• Immune system functions
• Normal cell growth
• Digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions

Physical or mental impairments include, but are not limited to, the following:

• Contagious and noncontagious diseases
• Epilepsy
• Diabetes
• Intellectual disabilities
• Specific learning disabilities
• Partial or completely missing limbs
• Mobility impairments
• Speech impairments
• Deafness or hearing impairments
• Blindness or visual impairments
• Cancer
• Cerebral palsy
• Autism
• Seizure disorders
• Muscular dystrophy
• Multiple sclerosis
• Major depressive disorder
• Bipolar disorder
• Post-traumatic stress disorder
• Obsessive-compulsive disorder
• Schizophrenia

Employers are not required to take any specific steps to determine if an employee has a disability. However, if an employee requests a reasonable accommodation, the employer may ask the employee for documentation that supports the need for the accommodation. Employers may also ask an employee for documentation if the employee has an “invisible” disability and the employer needs documentation to support the employee’s request for a reasonable accommodation.

What Employers Are Covered Under the ADA?

The ADA applies to all employers with 15 or more employees. This includes private employers, state and local governments, employment agencies, and labor unions. The ADA’s nondiscrimination standards also apply to federal sector employees under Section 501 of the Rehabilitation Act, as amended, and its implementing rules.

Private Employers: The ADA covers private employers with 15 or more employees. It is important to note that the 15-employee requirement is based on the number of employees an employer has at the time an employee files a disability discrimination complaint. If an employer has fewer than 15 employees at the time an employee files a complaint, the ADA will not apply to that employer.

State and Local Governments: The ADA applies to state and local governments, regardless of the number of employees they have. This means that all state and local government employers must comply with the ADA’s requirements.

Employment Agencies: The ADA also applies to employment agencies. If an employment agency has 15 or more employees, it must comply with the ADA’s requirements.

Labor Unions: The ADA applies to labor unions. If a labor union has 15 or more members, it must comply with the ADA’s requirements.

How to Comply with ADA Requirements

Employers must take a number of steps to ensure they are in compliance with the ADA. This includes ensuring that job applications do not include any disability-related questions and that job applicants are not asked any disability-related questions during the interview process. Employers must also make reasonable accommodations for job applicants and employees with disabilities, unless doing so would cause an undue hardship.

Reasonable accommodations refer to modifications or adjustments to the work environment, job application process, or the way a job is performed that allow an individual with a disability to perform the essential functions of the job or enjoy the benefits and privileges of employment. Reasonable accommodations may include, but are not limited to:

• Making existing facilities accessible
• Modifying work schedules
• Modifying equipment
• Providing qualified readers or interpreters
• Modifying or providing exams and training materials

If an employer and an employee with a disability cannot agree on a reasonable accommodation, the employer has the final say. However, the employer must be able to show that the accommodation requested by the employee would cause an undue hardship. An undue hardship is an action that requires significant difficulty or expense when considered in relation to the employer’s size, financial resources, and the nature and structure of its operation.

Employers must also ensure that all employment-related activities, including hiring, firing, performance reviews, promotions, and compensation, are based on an individual’s qualifications and not on the presence of a disability. Employers may not ask employees about their disabilities, and they may not retaliate against an employee who has filed a disability discrimination complaint.

Why Choose M&A Law Offices?

At M&A Law Offices, we are committed to helping employers comply with all ADA requirements. Our ADA compliance consultants can help you understand your obligations as an employer and develop policies and procedures to ensure your business is in full compliance with the ADA and all other relevant disability discrimination laws.

Our team has extensive experience working with employers to ensure they are in compliance with all relevant employment laws. We will work closely with you to ensure you understand your obligations as an employer and take the necessary steps to protect your business from potential liability.

Consult with Our ADA Compliance Consultants Today

At M&A Law Offices, we understand that navigating the ADA’s requirements can be challenging. Our ADA compliance consultants have extensive experience working with employers to ensure they are in full compliance with all ADA requirements. We can help you understand your obligations as an employer and develop policies and procedures to ensure your business is in full compliance with the ADA and all other relevant disability discrimination laws.

Contact usonline or by phone at (888) 716-4314 to learn more about how we can assist you with ADA compliance.