What employers should know about the Americans with Disabilities Act

In early April, the behemoth American retail chain that is Wal-Mart fell into trouble with the U.S. Equal Employment Opportunity Commission for violating the Civil Rights Act and the Americans with Disabilities Act (ADA). Although Wal-Mart denies all charges, the lawsuit is a good reminder for employers to review their responsibilities under the ADA.

Discrimination with regards to advancement, compensation, and job training is prohibited, and disabled employees should work under the same time and attendance policies as other employees. Employers are required to provide reasonable accommodation to a worker or job applicant with a disability. However, if such an accommodation would cause "undue hardship," it is not required. Undue hardship is defined by the ADA as "action requiring significant difficulty or expense," but qualification will vary case by case.

Here are a few other important points in the Americans with Disabilities Act:

  • An employer is not required to change his/her standards of production or performance for the disabled employee.
  • Health and safety concerns matter. If an individual poses a direct threat, an employer can exclude him/her from consideration.
  • Alcoholics are protected by the ADA as long as they can perform the essential functions of the job.
  • Special tax credits are available to some employers who make accommodations for a disabled hire.

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