On July 2, 1990, President Bush signed into law the Americans With Disabilities Act prohibiting discrimination against individuals with disabilities and setting a goal to integrate them into the mainstream of American life.
The following are some general provisions with which all supervisors and managers should be familiar:
- ADA prohibits employers from discriminating against a "qualified individual with a disability" in job application procedures, hiring, advancement or discharge, compensation, job training or any other conditions or privileges of employment.
- Employers must make "reasonable accommodations" to the known physical and mental limitations of qualified applicants and employees, unless the employer can demonstrate that this would impose an "undue hardship."
- ADA defines a "qualified individual with a disability" as "an individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires." The employer uses judgment concerning which job functions are essential.
- Employers may not conduct pre-employment medical exams or ask job applicants if they have a disability, although pre-employment inquiries into the ability of an applicant to perform job-related functions are permitted. Click here to access Employment Interviewing Guidelines.
- Employers may require job-related medical exams after an offer has been made, but before the new hire begins work, provided all entering employees are subjected to such exams. Information collected must be kept confidential, except supervisors may be informed regarding necessary restrictions on duties or accommodations for the employee.
- Job descriptions should be reviewed to assure they are current and accurately reflect the essential features of the job. (This is coordinated through the Recruitment and Employment Services.)
- Employees who believe they have been discriminated against on the basis of disability should contact the University's Office of Equal Employment Opportunity. The Equal Employment Opportunity Commission will receive and investigate complaints from individuals claiming discrimination.
If you have any questions, suggestions, and/or comments for the Employee Benefits Administration Division, please feel free to send an email to benefits@gwu.edu.