ADA & Section 504 Basics Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (the ADA), passed by Congress in 1990, were both the result of Congressional findings that, as the population ages, there are growing numbers of people with physical and mental disabilities, and that social isolation and discrimination against these people have been pervasive problems in our society. The purpose behind Section 504 and the ADA is to remove artificial barriers that have prevented the full involvement of disabled people in the wide range of activities and pursuits, including employment, to which non-disabled people have had largely unfettered access. In this brief space, we will touch only on the employment-related provisions of these laws.
A "qualified individual with a disability" is one who can perform the essential functions of the employment position, with or without reasonable accommodation. Reasonable accommodations may include such acts as job restructuring, modified work schedules and reassignment to a vacant position. A reasonable accommodation does not include one that would pose an undue hardship on the employer. As you can see, these inquiries and interpretations are extremely individualized and subject to determination on a case-by-case basis. The same request may be deemed perfectly reasonable in one work setting and be deemed an undue hardship on the employer in another. An employer faced with an ADA or Section 504 claim may defend itself by showing evidence of an adequate non-discriminatory reason for the adverse job action. For example, an employee with severe asthma and allergies who claims he was terminated because he requested an expensive air-filtering system may be denied the claim based on evidence that his job performance was deficient or that he was unable to get along or work cooperatively with other employees. To prevail on the claim, the employee must prove the disability was the sole basis for the adverse job action. For more information on these acts, contact the Equal Employment Opportunity Commission's toll-free customer service line at (800) 669-4000 from 8 a.m. to 8 p.m. Eastern time (with a 24-hour service of recorded FAQs) or go to the EEOC Web site at www.eeoc.gov and click on "Disability." Please contact NWPE at 800-380-6973 if you require any assistance in this area. See also this resource from Wrightslaw.com.
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