Missouri Developmental Disability Resource Center

General Public: Workplace Laws

Laws & Myths | The Americans with Disabilities Act (ADA)

Contrary to popular opinion, the Americans with Disability Act (ADA) and other disability related workplace laws are no more complex or difficult than other workplace laws encountered by an employer every day.

There are complex laws in place for compensation, benefits, insurance, diversity - You name it, there is a law for it. Yet, these laws do not keep employers from hiring people without disabilities. Why should common sense regulation designed to protect employers and employees discourage you from hiring the best employees you can find for your business?

Empower Missouri has prepared this 'plain language' introduction to key segments of workplace legislation* in order to help Missouri's employers become more comfortable with the law and to provide Missouri's businesses with greater access to new customers and quality employees.

Note: this plain language summary should in no way be interpreted as legal advice. It is simply an brief overview. If you have specific questions regarding workplace laws, please contact an appropriate attorney.

Workplace Laws & Myths
Myth:	Accommodating workers with disabilities costs too much.
Fact:	Many changes are far less expensive than people think: like installing a bathroom grab bar, rearranging furniture or installing offset hinges to widen a doorway. A recent study commissioned by Sears indicated that of 436 reasonable accommodations provided by the company, 69% cost nothing and only 3% cost more than $1,000.
Myth:	There is no financial help for businesses when it comes to providing accessibility.
Fact:	Federal tax incentives are available to help businesses meet the cost of ADA compliance.
Myth:	The ADA is misused by people with "bad backs" and "emotional problems"
Fact:	Trivial complaints are rejected by the system, but just like hiring, firing and disciplining all other employees, employers must appropriately document problems and resolutions.
Myth:	The ADA is rigid and requires businesses to spend lots of money to make existing facilities accessible.
Fact:	The ADA is based on common sense. It recognizes that altering existing structures costs more than making new construction accessible. The law only requires that public businesses (e.g. stores, banks, hotels and restaurants) remove architectural barriers in existing facilities when it is "readily achievable" - when it can be done "without much difficulty or expense".
Myth:	The government thinks everything is doable.
Fact:	Often it may not be readily achievable to remove a barrier - especially in older structures. For example: installing an elevator in a small business would, most likely, not be readily achievable or affordable. In these circumstances, the ADA would allow a business to simply provide curbside service to persons with disabilities.
Myth:	The ADA forces businesses to spend lots of money hiring unqualified people.
Fact:	No unqualified job applicant or employee with a disability can claim employment discrimination under the ADA. Employees must meet all the requirements of the job and perform the essential functions of the job with or without reasonable accommodation. No accommodation must be provided if it would result in an undue hardship on the employer.
Myth:	The government thinks that all changes should be done right now.
Fact:	Businesses are required to do only what is readily achievable at that time. A small business may find that installing a ramp is not achievable this year, but that improved profits may make it achievable in the future. Still, businesses are encouraged to evaluate their facilities and develop a long-term plan for barrier removal that is in line with their resources.
Myth:	The Justice Department Sues first and asks questions later. Businesses pay large fines.
Fact:	The primary goal of the enforcement program is to increase voluntary compliance through technical assistance and negotiation. This is why most every complaint settles. Courts may levy penalties only in cases brought by the US Justice Department, not private litigants.

Diversity, Disability, Hiring and the Workplace

The percentage of people with disabilities is larger than any single ethnic, racial, or cultural group in the U.S. At 19.3%, the number of people with disabilities exceeds the next largest group -- Hispanic people (14.9%) -- by a fairly wide margin. (6)

In a lifetime, x% of all Americans will experience a disability

De-mystifying the ADA

American Businesses have long understood that employing a diverse workforce strengthens their business. Yet somewhere along the way, a significant pool of potential quality employees was overlooked - employees with disabilities.

The Americans with Disabilities Act (ADA) is one of the most significant laws in expanding access for employers to quality workers and new markets while improving employment opportunities for individuals with disabilities.

There are five titles in the law:

Title 1 - Employment
Title 2 - Public Services
Title 3 - Public Accommodations
Title 4 - Telecommunications
Title 5 - Miscellaneous Provisions

ADA Regulations Directly Affecting Employers

The two most important (and most misunderstood) sections of the law for employers are:

Title 1 - dealing with issues regarding employment, and
Title 3 - dealing with issues related to provision of public accommodations for customers with disabilities

While this website cannot answer every question about the ADA, it can address some of the more common misconceptions.

Q:	What employers are covered by Title 1 of the ADA?
A:	All private employers (all Missouri businesses, small, medium and large), state and local governments, employment agencies and labor unions.
Q:	What practices and activities are covered by the employment nondiscrimination requirements?
A:	The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training and other terms, conditions and privileges of employment.
Q:	Who is protected from employment discrimination?
A:	Employment discrimination is prohibited against "qualified individuals with disabilities." This includes both applicants for employment and employees. An individual is considered to have a "disability" if: they have been diagnosed with a physical or mental impairment that substantially limits one or more major life activity (Seeing, Hearing, Speaking, Walking, Breathing, Learning, Caring for one's self). Also individuals suffering from: epilepsy, paralysis, HIV, AIDS, mental retardation or other learning disabilities. they have a past record of such an impairment (cancer survivors or those recovered from mental illness, etc.), they are regarded as having a substantially limiting impairment, even though their condition may not be actually physically limiting (for example: someone with a severe facial disfigurement who's denied employment because of fear of 'negative' reactions of customers and co-workers) or because they have a known association or relationship (spouse, family, care givers, etc.) with an individual with a disability are also protected. Individuals with a minor, non-chronic condition of short duration, such as a sprain, a broken limb or the flu generally would not be covered.
Q:	What is a Public Accommodation?
A:	A Public Accommodation generally means a business or the principal party responsible for a piece of property owned or leased to a business. It can include any private entity that owns, operates, leases, or leases to a place of Public Accommodation and may include a wide range of business entities, such as: Restaurants Hotels Theatres Doctors offices Retail Stores Parks Private Schools Daycare
Q:	Does the ADA allow Public Accommodations to take safety factors into consideration in providing services to individuals with disabilities?
A:	The ADA expressly provides that a Public Accommodation may exclude an individual if that individual poses a direct threat to the health or safety of others, or if this threat cannot be mitigated by appropriate modifications in policies, procedures or with the provision of auxiliary aids. Businesses (or principal parties responsible for a piece of property owned or leased to a business) may establish objective safety criteria as long as this criteria is based on objective requirements rather than stereotypes or generalizations.

Other Workplace Disability Laws

As employers you should familiarize yourself with the four specific areas of US law (as established by the US Department of Labor, Office of Disability Employment Policy) that address employment and workplace laws in general and touch upon disabilities in specifics:

The Americans with Disabilities Act (ADA) we have already covered this extensively.

The Family and Medical Leave Act (FMLA) requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.

The Occupational Safety and Health Act (OSHA) requires an employer to furnish a work environment that is free of recognized hazards causing o likely to cause death or serious injury, as well as to comply with government safety and health standards.

Workers' Compensation Laws are governed by each states' own workers' compensation laws and second injury fund. The employers' return-to-work policies and procedures for an employee who is injured or disabled must be consistent not only with state workers' compensation laws, but also with ADA, FMLA, and OSHA.

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