Disability Resource Group
FACTS YOU SHOULD KNOW WHEN LOOKING FOR A JOB AND WHEN YOU HAVE A JOB
Introduction
In 1990, President Bush signed into law the Americans with Disabilities Act. This Act is called the ADA. The ADA protects people with disabilities from discrimination. Discrimination means that a person has been treated unfairly. This new law says that people with disabilities must be treated fairly. The ADA says that people with disabilities must:
have a chance for a job or promotion;
be able to use government services, such as social services, medical services or educational services;
be able to use public transportation, such as buses and trains; and,
be able to use public places, such as department stores, movie theaters, grocery stores, restaurants and dentist offices.
This guide is for individuals with disabilities of all kinds, but especially for those who have not yet finished school or those who have problems with reading. If you would like to know more about the ADA and how it can help you with a job, you should get a copy of another guide. This other guide is called "The ADA and Employment Opportunities: What You Should Know About the Hiring Process." You may be able to get a copy by calling 1-800-949-4232. This is the telephone number for your regional ADA Disability and Business Technical Assistance Center. The Center also should have an ADA guide for families and friends of individuals with disabilities called, "A Guide on the ADA Employment Requirements for Families of and Professionals Involved with Individuals with Disabilities." You might want to ask for a copy of this guide. Your parents, teachers, or counselors might like information on this new law too.
All of these guides will help an individual with a disability to understand his or her rights under the ADA. The guides will help when looking for a job . They will help even if an individual with a disability already has a job. The guides tell what employers must do to treat people with disabilities fairly.
Employment Requirements
The Americans with Disabilities Act is a law that protects the rights of individuals with disabilities. The ADA says that employers must give individuals with disabilities an equal opportunity to be considered for jobs. This does not mean that an employer must hire you, because of your disability. It does mean that you deserve an equal chance if you are qualified.
Individuals Protected by the ADA
The ADA protects the rights of many types of people.
1. A person with a disability who has a physical or mental impairment that stops the person from doing or makes it hard for the person to do activities such as walking, talking, seeing, hearing, taking caring of oneself, learning, or working. This includes people who are blind or deaf or cannot move their legs.
2. A person who had a disability in the past, but is O.K. now; for example, someone who had a heart attack five years ago.
3. A person who does not have a disability, but other people look at the person and think the person does have a disability; for example someone who has scars all over his face.
If an employer did not give a qualified individual a job just because the person could not see, had trouble walking, had a heart attack a long time ago, or had facial scars, that would be discrimination. The ADA says that is against the law.
Essential Functions
The ADA makes employers look at a person's ability to do the job, rather than the person’s disability. What is important, is whether the person can do the essential functions of the job. Essential functions are the important duties of a job.
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For Example A company is hiring someone to take catalog orders over the phone. The essential function of the job is to take orders over the phone. People who want a job, called "applicants," should be tested in their ability to answer the phone and take orders. Jessica, an applicant, can take orders over the phone. Jessica has a disability. Because of her disability, Jessica has trouble deciding to whom she should give the orders after she takes them. John takes sweater orders. Mary takes shoe orders. Sam takes pants orders. Giving the orders to certain people is not an essential function of the job. Jessica could give orders to anyone else in her work area. Any person can give Jessica’s orders to the right people. Jessica should not be denied the job just because she is unable to do a function of the job that is not an essential function. |
Qualified Individuals with Disabilities
In job situations, to be protected by the ADA a person must be disabled and qualified for the job. To be qualified, a person needs enough skill, education, experience, and other important factors to perform a particular job. To be qualified for a job, you may need a reasonable accommodation. An employer must look at your ability to do the job with any reasonable accommodations that you need.
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For Example Gordon is an individual with a disability. His disability makes it hard for him to concentrate. Because of the disability it is hard for Gordon to do his job when he is distracted. Gordon can do his job when he is not distracted. Gordon needs a quiet room as a reasonable accommodation. Gordon’s employer should look at his abilities when Gordon is working in a quiet room. If Gordon can do the job in the quiet room as well or better than any other candidates, then he is qualified. |
Qualifications for a job could be many things. The ADA says that persons with disabilities must be judged by job-related qualifications which are necessary to the business. For example, suppose you have a disability that makes you unable to drive. You apply for a job as a waiter. Driving is not an essential function of the job as waiter. It would be illegal if the employer told you that you had to drive a car to get the job. Driving a car is not related to the job nor is it necessary for the restaurant. The restaurant may have other qualifications, such as past experience as a waiter. To find out about your abilities, employers may use interviews and other methods.
The ADA makes employers, people with disabilities, and co-workers pay attention to abilities. If you can do a job -- whether or not you need a reasonable accommodation -- then you have an equal right to be considered for the job. This means that if you are as qualified as someone else without a disability and the employer does not give the job to you, the reason must have nothing to do with your disability.
Reasonable Accommodation
A very important part of the ADA is reasonable accommodation. Reasonable Accommodation is a change to a job made for a person with a disability. A person with disability may need an accommodation to do his job. Giving a person an accommodation, when needed, gives the person employment opportunities such as those available to other people without disabilities.
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For Example Alice is hired to separate clothing by size for a store. Because of her disability, she has trouble remembering where each size belongs. After her supervisor gave her a chart with pictures of each item and a note where each size goes, Alice was able to do her job by herself. Alice’s chart is a reasonable accommodation. |
The ADA says employers must give reasonable accommodation to you in all parts of employment. This means when you are applying for a job. This means during an interview. This means after you have a job or even when you go to training or special activities for which your employer pays. Unless an accommodation is too expensive or too difficult your employer must give it you.
Here are some examples of reasonable accommodation:
Giving job duties to different employees -- For example, because of her disability, Sally cannot do unimportant duties of her job, so her employer gives these duties to Ann. Then, he gives Sally some of Ann's unimportant duties which Sally can do.
Changing the time or the way that duties are done -- For example, Lou is responsible for sweeping the floors. Because of his disability, it is difficult for him to do all the sweeping at the end of the day. He does half of the sweeping at night after the store closes and half of the sweeping in the morning before the store opens.
Offering part-time or flexible schedules -- For example, because of a disability, Alan is permitted to work the same hours every day. This way, he can ride the bus when it is not crowded.
Getting or changing equipment -- For example, because of a disability, Joe often cannot keep things organized. Joe’s boss gave Joe a series of colored boxes to keep his papers organized.
Putting an employee in a different job -- For example, because of a disability, Amy could no longer do the essential functions of her job. Her employer gave her another job, that was not filled, which she could do.
Most of the time it is your responsibility to tell the employer that you need accommodation. An employer does not have to provide an accommodation if he or she does not know that you need one. So, you will have to tell the employer if you need an accommodation. If an employer sees that you are not doing your job well or with ease, he or she might suggest an accommodation to help you. Here are some things to remember about reasonable accommodation:
If you say that you do not want an accommodation which lets you to do the essential functions of a job, the employer does not have to give you a job. For example, without this accommodation, you are not able to do the essential functions of the job. If you are an employee and refuse an accommodation you need to do the essential functions of your job, your employer can take away your job.
If your disability is hidden, such as a learning disability, the ADA permits an employer to ask for proof of your need for accommodation.
Tell an employer exactly what you need. If you tell an employer exactly what accommodations you need to do a job, the employer will more likely be able to find them for you.
You need to tell the employer about the parts of the job with which you need help or accommodation. The employer is not required to guess what you need.
If one accommodation will not help you do your job or it is too expensive, your employer should be willing to look for another accommodation that would work and would not be too expensive.
Job Announcements, Applications and Recruiting
Before Looking for a Job
make a list of things that you can do well and
a list of things with you need help with or an accommodation.
This will help you decide on jobs for which you are qualified and on accommodations you would need.
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For Example Jerry applied for a job as a dishwasher. He learns on a visit to the kitchen that employees who load dishes into the dishwasher stand on their feet much of the time. Jerry tells the employer that he has a disability that prevents him from standing a long time. Jerry asks if he could load dishes in the dishwasher sitting on a stool part of the time. The employer said that would be allowed. |
Application Procedures
Remember the ADA applies to all parts of jobs. This includes job ads, applications and recruiting. Employers must provide individuals with disabilities with information about jobs and help them fill out applications if they ask, unless this would be too difficult or expensive.
Information about jobs should be made available in a way that allows individuals with disability to use it. For example, if a person with a disability asked for it, an employer could give information in many ways -- over the phone, by mail, in addition to other methods the employer uses, such as posting job information on bulletin boards, putting aids in newspapers, or on the radio. Employers also must be flexible in taking applications. You may need an accommodation or help so that you can to turn in an application. You may ask the employer --
to take your application over the phone,
to accept it by fax, or
to have an employee help you in filling out the application at the employer's office.
An employer is expected to give you help like this if it is not very difficult or does not cost too much.
It is important for you to know the essential functions of the job you want. Often, employers will send information with the application which describes a specific job. This information also should include a telephone number and person you can call for help with accommodations. If you did not receive information about the job or the name of a person to call about accommodation, you may call and ask for it.
Interviewing
Most of the time the ADA does not allow employers to treat individuals with disabilities differently than other people. There is one time when the ADA permits an employer to ask individuals with disabilities questions that the employer does not ask others. That time is when the employer knows that you have a disability and thinks that you cannot do a job task, the employer may ask you how you would do the task. The ADA lets employers ask you this type of question even if the employer does not ask other people without disabilities.
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For Example Greg's employer knows that Greg has a disability that makes it hard for Greg to read. The employer asks Greg how he would check that pages coming out of a copying machine were complete and in order. Greg explains that he knows and recognizes numbers. He said that as long as he knew how many pages a document had, he could check documents by looking at page numbers to see that they were in order and complete. |
The ADA does not let employers ask you about your disability or make you take a medical examination before offering you a job.
Employers cannot ask you questions like these on an application or during an interview:
Do you have a disability or illness that I should know about?
Have you ever filed a workers' compensation claim?
What diseases have you had?
Are you taking any medicine?
Do you have any handicaps that keep you from doing certain kinds of work?
How many days were you absent from work because you were sick last year?
Have you ever had a mental illness?
Do you have disabilities, which would keep you from doing the job duties that we are talking about?
To do this job, you look like you will need accommodation, which ones will you need?
Have you tested HIV-positive in a blood test?
Have you ever been treated for alcohol or drug abuse?
Read this list carefully. If an employer asks any of these questions, you do not have to answer. Tell the employer that the question is not allowed by the ADA. Sometimes the employer may not know that he or she cannot ask you questions like these.
All questions on applications and during interviews should be about the job you are applying for and related to the operation of the business. Questions that cannot be asked are those that deal with your disability. Questions that can be asked deal with your ability to do the job in question. For example:
In this job you must be able to lift and carry 15 pound boxes. Can you do that? If not, do you know of an accommodation that would help you move boxes?
In this job you must be able to work 15 hours of overtime a month during the fall. Can you do that?
In this job you must take information over the phone and put it into the computer. Can you do that?
In this job you must pack boxes which are moving on a conveyer belt at a constant speed. Can you pack the boxes at the necessary speed?
Reference Checks
A new employer may talk to former employers or people who know about your abilities to do a job. When an employer calls one of your old employers, teachers, or friends, he or she may ask only questions which will help him or her learn if you are able to do the essential functions of the job. He or she cannot ask about your disability.
Medical Exams
An employer may ask you to take a medical exam before starting to work. The employer can ask you to take this exam only after he or she has said he or she wants you to work for him or her. The employer can ask you to take a medical exam only if all of the people in the same type of job take a medical exam too. If the employer does not want to hire you because of your medical exam, the reason must be related to the job.
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For Example Everyone offered a job as a bread baker at an old-fashioned bakery must take a medical examination. Ellen applies for a job as a bread baker. The employer has a policy of excluding individuals with high blood pressure because it believes that people with high blood pressure will have more health problems, miss more days of work, and will cost the employer more money. After the medical examination, the employer tells Ellen, she cannot have the job after all because of her high blood pressure. Ellen's high blood pressure is caused by a disabling form of kidney disease. High blood pressure does not prevent Ellen from making bread. The employer cannot use high blood pressure as the reason not to hire Ellen. Suppose from the medical examination the employer learns that Ellen, because of her disabling kidney disease, does not have the strength to knead dough by hand (punch it). The employer could choose not to employ Ellen without violating the ADA because she cannot knead bread by hand, an essential function of the job that all bread bakers at this bakery do. Before giving Ellen the bad news, the employer must first discuss reasonable accommodation with Ellen and attempt to find a reasonable accommodation that would enable Ellen to knead bread by hand. If no reasonable accommodation could be found, then the employer could choose not to employ Ellen as a bread maker. |
Testing
When applying for a job, an employer may ask you to take a test to show your ability. An employer must give you any reasonable accommodation you need to take the test unless to do so would be very difficult or expensive. If you find out that you will be asked to take a test, ask the employer these questions:
Will speed be important?
How will the answers be given?
When will the test happen?
In what kind of place will you take the test?
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For Example Drew knows he must take a math test for a job as cashier. Because of disability, he cannot use paper and pencil to write answers, so he tells the employer that he needs help. The employer has someone write Drew's answer's for him. |
Here are some more examples of reasonable accommodations:
Changing when or how you take a test -- For example, the employer could have someone read the test to you out loud.
Changing when or how you show an ability -- For example, the employer could let you answer questions on plain paper with a lot of space instead of on paper with small answer spaces.
Giving you more time, a different time, or a different location -- For example, you cannot finish a test in 10 minutes. The employer could give you 25 minutes to take the test.
Letting you hand in work samples -- For example, you need special equipment, which the employer does not have, to show your ability to do the job. The employer could let you show him or her an example of your work that you have done in the past.
Letting you use a table and chair to take a test rather than a desk.
When on the Job
The ADA protects individuals with disabilities after they start jobs as well as before they have them. If you have a job, your employer must treat you the same way he or she treats other employees. Everything available to other employees should be available to you such as pay checks, training, vacation, sick days, overtime, and all other benefits.
Overtime, Vacation, Sick Days and Unpaid Leave
You should work by the same standards as other employees work. You have an equal right to work overtime. It is not fair for your employer to think that you cannot work overtime. If you are unable to work the amount of overtime your employer wants, talk to him or her about it. You may be able to come up with an overtime schedule that satisfies both the employer and you. For example, you might be able to work half a day on Saturday instead of an hour more each day during the week. Suppose it is an essential function of your job to work overtime. Your disability makes you unable to work overtime. Even with a different schedule, you cannot do it. The employer would not have to keep you in that job, but the employer would have to consider you for another job that is vacant that you can do.
You should get the same amount of vacation and sick days as other employees. If you need to take time off because of your disability, you may ask for unpaid leave as a reasonable accommodation. You also may need to request certain times for vacation for disability-related reasons. For example, you may have an operation scheduled and need specific days off to recover. If it is not a serious problem for your employer, you should get the days that you need.
Training
The ADA gives you, if you are qualified, the right to participate in training programs the same as other qualified employees. If you need accommodation to participate in the training program your employer should give it to you, but remember you should ask for it.
Transfers and Terminations
The ADA does not let an employer put you in a job, or move you to another job just because of your disability. Also, you cannot lose your job because of your disability unless you require an accommodation which your employer cannot give you because it is too expensive or too difficult. Your chance of losing your job should not be any different than other employees. If you do a good job and are able to do the essential functions of your job, you should not lose your job.
Safety Equipment
Some jobs require safety equipment. If your job does you should get the same equipment as other employees unless you need a special accommodation. Your employer should get you the accommodations that you need unless the accommodations too expensive or difficult to provide.
Medical Benefits
The ADA says that you should have the same type and amount of medical insurance as other employees. It would be unlawful for an employer to fire or not hire you because he or she thinks that he or she will have to pay more for insurance. Medical insurance may not pay for medical problems that you or other employees had before starting the job. Your insurance may pay for part of your medical expenses rather than all of your costs. For example, if you needed X-rays which cost $1,000 your insurance may only pay for $500. If so, the policy should be the same for you as other employees.
If the X-rays are related to a problem you had before you started your job and your insurance policy does not pay for problems people had before working for this employer, then your insurance policy may not pay for your X-rays. Any employee who needed medical treatment for a condition that he or she had before starting to work for your employer must be treated just as you. That is, if another employee needed X-rays for a problem he or she had before starting to work for your employer, that person also should not receive payment for his or her X-rays from the insurance policy.
Also, the ADA says that you cannot be denied a job because you or a relative has a serious disease. Suppose you are being considered for a job as a truck driver and you have a child with cancer. You are qualified for the job, but the employer does not give you the job because of your child and the employer’s concern about high medical bills for your child. The employer’s action would be discrimination under the ADA.
Employer Sponsored Social Activities
You have as much right as any other employee to go to a social activity held by your employer. Your employer may need to arrange a reasonable accommodation, so that you can go. For example, your employer is sponsoring a party at restaurant. If you use a wheelchair, your employer should pick a restaurant that is accessible to and usable by people in wheelchairs.
Alcohol and Drug Use
Employers have the right to tell employees not to drink or use illegal drugs at work. Prescription drugs are O.K. if a doctor approves them for use. If a person drinks alcohol or uses drugs in an unlawful way at work, the person's employer could take away his job even if the person has a disability.
Health and Safety
An employer can refuse to put a person with a disability in a job if it would be unsafe to himself or to others.. An employer must have very good proof that the person would be unsafe If the employer does have good proof the person might not get a job or a promotion. If the person is an employee he could lose his job. When refusing to give a person a job or promotion or when firing a person, the employer must give the exact reasons why the individual is a safety problem or a danger to anyone. Suppose you are a safety problem or a danger. If so, the employer must look for ways to take away or reduce the danger before he or she can consider taking your job away from you.
Employers must make decisions about individuals with disabilities one at a time.
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For Example Your next door neighbors Joe and Ann have the same disability. They got promotions in a car manufacturing plant where they have been employed for five years. Both took the test for a welder’s job. Joe and Ann were given this test to find out if they could do precision-welding, make tiny seams where two pieces of car metal must come together. From Joe’s test results the employer learned that Joe, because of his disability, would be a danger to himself and others if he were transferred to a job as welder. Because of his disability, Joe has some involuntary movement in his hands, which prevent him from holding a welding gun in a steady manner. The gun vibrates, makes sparks, and is very hot. Joe could not hold the gun in a safe manner because of his disability. The employer could not find a reasonable accommodation that would enable Joe to do precision-welding safely. However, the employer knew that Joe, who has been a very good worker in his job, would not be a danger in a new job where he would put dash boards together, so the employer gave this job to Joe. The employer learned from Ann’s test results that she could do precision-welding safely when she was sitting down. Ann got a job as a welder. |
Conduct, Dress and Attendance
The ADA says you should behave, dress, and come to work on time in the same way as other employees. You may need an accommodation in your work schedule, but you are still expected to work 40 hours a week if others work that much. If you work less than 40 hours, your employer can pay you for only the number of hours you work.
You may need an accommodation in how you dress for work. For example, you may not be able to put on the jumpsuit that other employees wear. You could ask your employer to let you wear a two piece uniform so that you could take it on and off with ease.
What to Do if an Employer Treats You Unfairly
If an employer treats you unfairly because of your disability, the first step should be to talk to the employer. Explain to the employer when and how he or she discriminated against you because of your disability. By talking with the employer many discrimination problems can be corrected. If, after talking to the employer, the discrimination continues or is not corrected, you may file a discrimination charge (i.e., a complaint) with an office of the Equal Employment Opportunity Commission (EEOC) in your area. The number should be in the telephone book. The EEOC is the federal agency responsible for investigating and correcting charges of discrimination based on disability in employment matters.
When you contact the EEOC you should give your name, address, and telephone number; the name, address, and telephone number of the employer whom you believe discriminated against you; and when and how the unfair treatment occurred. EEOC will investigate your charge, try to help you and the employer work things out. If discrimination did happen, but an agreement between you and the employer is not made, the EEOC will either take the employer to court or give you a letter that will allow you to sue the employer in court.
If the employer is found guilty in court, he or she must correct the discrimination against you. For example, give you a job you were denied or give you a reasonable accommodation so that you can do a job. The employer also must pay for your attorney and the expenses of your witnesses. Sometimes an employer will be required to give you lost pay (money you would have made if you had been working for the employer all along). If the court learns that the employer did not make a good faith effort to give you reasonable accommodation, the employer will be required to pay you more money, in addition to attorney’s fees, witness costs, and lost pay. You can request that your case be heard by a jury and a judge, otherwise it will be heard by a judge alone.
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Things to Remember 1. If you need any accommodation during the employment process, ask the employer for it. 2. Learn what the important parts of the job are. 3. Decide what parts of the job you can do without accommodation or changes. 4. Decide on what parts of the job you think you will need help or changes. 5. Talk to the employer about the parts of the job with which you think that you need help or changes. 6. Do not answer questions about disability on applications. 7. An employer is allowed to ask you questions about your disability in order to give you an accommodation that you have requested. If your disability is hidden and you ask for a reasonable accommodation, the employer is allowed to request proof that you have a disability, before giving you the accommodation you requested. After offering you a job and before you begin working, an employer can ask you questions about your disability and give you a medical examination, if it does so for all employees hired to do the same type of job. If you are already working, an employer can give you a medical examination when it is necessary to do so because of the job. |
Important Help Available
The Federal government, through the National Institute on Disability and Rehabilitation Research, has funded ten regional centers, called Disability and Business Technical Assistance Centers (DBTACs) on the ADA. These centers provide information on how the law works, can answer specific questions about the ADA, and can send to you additional information on the law.
To reach the center in your region dial toll-free 1-800-949-4232.
State Technology Assistance Programs
The U.S. Department of Education, National Institute on Disability and Rehabilitation Research has funded many state technology-related assistance projects that provide information and training on where to buy or borrow and how to use and repair assistive technology. States and telephone numbers are listed below.
Alaska (907) 274-0138
Arkansas (501) 666-8868
Colorado (303) 420-2942
Connecticut (203) 298-2042
Delaware (302) 651-6836
Florida (904) 488-6210
Georgia (404) 894-7593
Hawaii (808) 586-5368
Idaho (208) 885-6849
Illinois (217) 522-7985
Indiana (317) 233-3394
Iowa (319) 353-6386
Kentucky (502) 564-4665
Louisiana (504) 342-8821
Maine (207) 621-3195
Maryland (301) 333-3098
Massachusetts (617) 727-5106
Michigan (517) 373-5048
Minnesota (612) 297-1554
Mississippi (601) 354-6891
Missouri (816) 235-5337
Montana (406) 444-5676
Nebraska (402) 471-0735
Nevada (702) 885-4440
New Hampshire (603) 862-3453
New Jersey (609) 292-3604
New Mexico (505) 827-3532
New York (518) 473-4129
North Carolina (919) 850-2787
Ohio (614) 438-1474
Oklahoma (405) 424-4317
Oregon (503) 378-3830
Pennsylvania (215) 204-3861
South Carolina (800) 922-1107
South Dakota (605) 773-3195
Tennessee (615) 741-3807
Texas (512) 471-7621
Utah (801) 750-1982
Vermont (802) 241-2186
Virginia (804) 367-0316
West Virginia (304) 293-4692
Wisconsin (608) 267-6720
About IAM CARES
IAM CARES is a nonprofit corporate affiliated with the International Association of Machinists and Aerospace Workers (IAM). In 1986, IAMAW established the Center for Administering Rehabilitation and Employment Services, better known by its acronym of IAM CARES, as the organizational home for its services for people with disabilities. IAM actually began providing rehabilitation and employment services for people with disabilities in 1980 through a grant from the Rehabilitation Services Administration's Projects With Industry (PWI) program. Since that date, IAM CARES' projects, in cooperation with thousands of employers, have facilitated the employment of thousands of people with disabilities.
