The ADA covers, all employers with 15 or more employees.

1. ADA Provisions. The ADA prohibits covered employers from discriminating against qualified individuals with disabilities who, with or without a "reasonable accommodation," can perform the "essential functions" of the job. A covered disability is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment or being regarded as having such an impairment.
Comment: You must, as a first step, determine which job functions are "essential" and define them in a job description for each category of employee. A job function is essential if,

• Employees in the position must perform the function.

• Revising the function would fundamentally change the job.

• The position exists in order to perform that function.

• A limited number of people perform the function.

• The function is highly specialized; a person is hired for the position, in part, because he/she can perform the function.

2. Reasonable Accommodation. Employers must "reasonably accommodate" the disabled. Examples are:

• Make existing facilities accessible

• Job restructure

• Modified work schedules

• Reassignment to vacant position

• Modifying or acquiring special equipment

• Adjusting or modifying policies

Comment: Accommodation is not required if it will impose undue hardship on the business.

3. Pre-Employment Practices
Practices prohibited by ADA include advertising a job opening in a way that tends to discourage the disabled, or failure to give equal consideration to a disabled person. In addition, you must make reasonable accommodation necessary for the disabled to complete an interview or fill out an application. An employer cannot ask any questions at all about a disability on an application or during an interview. The only permissible question is one that inquires about the applicant's ability to perform job related functions.
Comment: You must review all employment applications and interview forms and delete any questions about medical history, health, Workers' Compensation or illness. Questions about height and weight should be eliminated. Interviewing areas may have to be moved or alternatives provided to accommodate the disabled. A blind applicant may need to be given assistance so an application can be completed. If you rely on others to screen applicants, to act as your referral agent, or to hire or train employees, draft an agreement that they will not discriminate. An indemnification and hold harmless clause to protect against a possible lawsuit because of their unlawful conduct is essential and should be included in the agreement.

4. Selecting Employees
You will have to train hiring personnel in the following areas:

• Accommodations to be made to insure access to the disabled and allow them to be interviewed.

• How to determine what functions of a job are essential.

• How to determine what reasonable accommodations may be needed in order to employ the disabled applicant.

5. Medical Examinations
PRE-HIRE: The ADA prohibits pre-employment medical examinations or inquiries about potential physical or mental impairment, or the possible need for accommodations. Drug testing is another matter. The ADA excludes drug testing from the definition of medical exam or inquiry; your drug testing policies and practices need not be changed. However, you need a policy.
POST-HIRE: A medical examination is permitted after a job offer has been made but before the applicant begins work. A company can lawfully condition an offer on results of the examination provided:

• All entering employees in the job category are subject to the examination.

• Criteria used to screen must be related to the specific job, be consistent with business necessity, and must screen out only those who cannot perform the essential functions of the job with reasonable accommodation, and

• Medical examination information must be kept in separate medical files and treated as confidential.

Comment: You should always provide the physician with a description of the job before the examination. It must clearly identify essential functions of the job. The doctor should be asked to evaluate the ability of the employee to perform each essential function.

6. Recovering Substance Abusers
Recovering substance abusers are protected by the Act, provided they are qualified individuals with a disability. Recovering substance abusers include persons who: (1) have successfully completed supervised drug rehabilitation programs and; (2) no longer engage in drug use; or (3) are otherwise rehabilitated and no longer use drugs; or (4) are wrongfully considered to have engaged in illegal drug use; or (5) are currently participating in rehabilitation.

7. Equal Terms of Employment
A company may not discriminate against a disabled individual in any aspect of employment. In other words, it cannot deny an equal job, equal access to benefits or adversely classify because of disability. As to benefits, an employer must offer equal access to the same policies, benefits and plans offered to all other employees. In addition, a company must insure that training opportunities are offered to the disabled, that all necessary facilities are accessible (lunch, break or locker rooms), and that it is not unnecessarily difficult for a person to be at his/her work area or move around the work location.

8. Keep in Mind:

• You must accommodate "known" physical or mental limitations of a qualified individual unless accommodation would cause an undue hardship.

• An accommodation results in undue hardship when it cannot be accomplished without significant difficulty or expense. Each case is considered on its own merits since a hardship for you may not be difficult or expensive at all for IBM or AT&T.

• Once it becomes apparent that a disabled employee requires an accommodation to perform the essential functions of the job, you must solicit the employee's input as to what he or she deems a reasonable accommodation. You don't have to accept the suggestion, but you should at least talk about it with the employee.

9. Posting Requirements
There is a new poster from EEOC regarding the protection offered by ADA. It must be posted. There is a "Five-in-one" poster of all federally required laws available.