perfectionism and - Obsessive-Compulsive Foundation

Importantly, the ADA requires covered employers to make reasonable accommodation
to the known physical or mental limitations of qualified individuals with
disabilities, unless it results in undue hardship. Undue hardship is defined as
something requiring significant difficulty or expense with respect to the employer's
size, financial resources, and the nature of its operations.
Reasonable accommodation may include making existing facilities readily accessible;
job restructuring; modifying work schedules; reassignment to a vacant position;
acquiring or modifying equipment or devices; adjusting or modifying examinations,
training materials, or policies; providing qualified readers or interpreters; and more.
The ADA also requires covered employers to provide qualified individuals with
disabilities with equal access to all employment-related opportunities. This includes
medical insurance, social activities, vending machines, rest rooms, and more.
In addition, the ADA limits the disability-related questions an employer can ask a
job applicant before a job offer is made. Employers may not ask about the existence,
nature, or severity of a disability, but can ask applicants about their ability to
perform specific job functions. A job offer may be conditioned on the results of a
medical examination, but only if the examination is required for all entering
employees in similar jobs. Medical examinations of current employees must be job
related and consistent with the employer's business needs.
Although an employer may not discriminate on the basis of disability, if an
applicant or employee poses a direct threat to the health or safety of him or herself,
or of others, an employer may treat that individual differently due to the direct threat.
An employer’s direct threat defense requires proof there is significant risk of
substantial harm which cannot be reduced or eliminated by reasonable
accommodation. An employer’s stereotyped assumption that people with
disabilities are more prone to harm is not an excuse for discrimination.
To pursue a case under the ADA, a person must file a claim with the U. S. Equal
Employment Opportunity Commission (EEOC) within 180 days of the date of
discrimination or failure to accommodate, or within 300 days if in a state with a fair
employment practices agency. A person cannot file a lawsuit until the EEOC has
had the opportunity to investigate and resolve the claim, and issues a right-to-sue
letter.
Claims of disability discrimination in employment may be filed at any EEOC field
office. For the appropriate EEOC field office, call the EEOC at (800) 669-4000 (voice)
or (800) 669-6820 (TTY).
Many states have laws that are similar to the ADA or are more favorable to people
with disabilities. Some state laws provide more generous remedies, a longer time to
file the claim, easier procedures, and more.
ADA as Amended
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Marilynn Mika Spencer IOCDF Annual Conference 2013
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