Disability Law Guides
When the Americans with Disabilities Act, known as ADA, was passed in 1990, the federal government estimated that over 43 million Americans with disabilities would benefit from new employment protections provided by the law. As the working population ages, it is reasonable to expect that the number of working individuals with disabling medical conditions will continue to rise. It is likely, then to expect that every employer, an one time or another, will be faced with an employment decision relating to a worker's medical condition or disability.
The ADA provides some guidance for employers in making fair employment decisions that do not discriminate against disabled workers. The Illinois Human Rights Act contains similar requirements.
The ADA defines a disability as a physical or mental impairment that substantially limits a major life activity. The law prohibits an employer from discriminating aganist an individual because of a disability, requires the employer to make a reasonable accommodation for qualified disabled individuals, and limits inquiries or pre-employment medical exams.
The individual's qualifications should be judged against the essential functions of the job A job description may be defined to guide definition of essential job functions.
Accommodations may take the form of aiding workplace accessability, job restructuring, modified work schedules, flexible leave policies, reassignment to a vacant or alternative position, or providing equipment or devices.
The employer is not required to implement an accommodation that creates an undue hardship or other disruption for the business, or creates excessive cost. Document such analysis.
Employers may encounter disability issues when screening new employees. Also, disability issues can arise in the course of employment or upon an individual's return to work from a medical leave.
The fact that the individual is currently performing the job satisfactorily means that the indivdual is a qualified individual with a disability able to perform essential functions of the job.
An adverse employment decision affecting the individual because of his or her disability would be a violation of the ADA and/or the Illinois Human Rights Act.
An employer should not limit the duties of a person with a disability based on a presumption of what is best for that person. However, consideration may be given to safety issues. ADA permits an employer to require that the disabled individual not pose a direct threat to the health or safety of the individual or others. To justify such action, the employer should show that there is significant and specific risk of substantial harm and that such risk is current and not speculative.
When an employer encounters a disability issue, the following suggestions are offered.
Employment decisions involving a disability require a careful and deliberate process to monitor job performance and to consider reasonable accommodations before taking other employment alternatives.
About the author: William S. Hubbartt is a human resources and privacy consultant St. Charles, IL. www.Hubbartt.com. He is the author of "The HIPAA Security Rule - A Guide for Employers and Health Care Providers," a 200+ page book in CD format.
