By requiring employers to make reasonable accommodations, the ADA has had a positive effect on the placement of disabled individuals in the workforce, and has raised the consciousness of U. employers while reducing discrimination against the disabled.
The language of the ADA, however, is not precise as to the "accommodations" that an employer is required to make for disabled persons during hiring and employment.
A disability can also be visible (for example, a wheelchair or white cane indicates the person has a disability) or invisible (for example, a mental illness).
"Undue Hardship" Under the ADA "Undue hardship" under the ADA means "significant difficulty or expense" for the employer.
Factors the employer may consider in weighing undue hardship include: The standards for reasonable accommodation and undue hardship have proven difficult for courts to identify and apply uniformly.
It is important to check with your provincial/territorial Human Rights Commission.
Also, recent jurisprudence has widened the applicability of accommodation.
Can I be asked about my disability in a job interview? Can I be forced to take a physical or medical exam? These are the primary federal laws that apply to workplace discrimination, although there are many other federal laws that make it illegal to discriminate on the basis of disability, for example: the Air Carrier Access Act of 1986 prevents discrimination in provision of air transportation, the Architectural Barriers Act of 1968 requires that buildings and facilities, designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons, the Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing based on disability, along with other minorities, and the Individuals with Disabilities Education Act ensures that students with disabilities are protected, and that all children with disabilities have available to them free appropriate public education.
The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in the Americans with Disabilities Act. The Rehabilitation Act makes it illegal to discriminate on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. For more detailed information about the ADA, visit the U. Equal Employment Opportunity Commission's website on Disability Discrimination.In passing the Americans with Disabilities Act (ADA) in 1990, Congress attempted to level the playing field for disabled workers.The ADA requires employers to make reasonable accommodations so that workers with disabilities can secure and retain employment. What is an "impairment substantially limiting a major life activity? Sections of the ADA not relating to employment address discrimination by governmental agencies and in public accommodations.