What employees are covered by the ADA?
The Americans with Disabilities Act (ADA) applies to disabled individuals in employment, and includes applicants for employment. The Act broadly defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The definition also includes anyone who has a “record of” such an impairment or is “regarded as” having such an impairment.
In general, the ADA prohibits discrimination against a qualified person with a disability. There are no affirmative action requirements in the ADA. An employer can still hire the most qualified person for the job as long as the disability is not used to disqualify a person. A “qualified person with a disability” is one who is able to perform the essential functions of a job with or without a reasonable accommodation. The “essential functions” of a job include those job tasks which are fundamental to the position, rather than marginal. For example, an essential function for a receptionist is to greet and direct visitors, not to hang coats. Employers should revise job descriptions to reflect the essential functions and approximate time spent on each task. “Reasonable accommodation” is defined by the ADA by example and must be determined on a case-by-case basis.
