Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, June 23, 1994                   TAG: 9406280006
SECTION: BUSINESS                    PAGE: B-7   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                LENGTH: Medium

DISABILITIES ACT TO INCLUDE SMALLER BUSINESSES NEXT MONTH

Next month, an additional 500,000 small businesses will be covered by a 1990 law that prohibits discrimination against Americans with physical and mental disabilities.

Chances are the businesses that will soon come under the enforcement provisions of the Americans with Disabilities Act aren't exactly sure how they are expected to comply with the law.

Nor is it likely that the 49 million workers who will soon be covered by the law are aware of its protections.

``A lot more education needs to be done,'' said Nancy McKeague, director of government relations for the Michigan State Chamber of Commerce.

The 4-year-old law extends civil rights protections to disabled people seeking employment, access to public and commercial buildings, transportation and government services.

Congress intended to increase employment opportunities for disabled Americans, but so far there is scant evidence that goal is within reach.

The National Organization on Disability commissioned a survey in January that showed two-thirds of Americans with disabilities between ages 16 and 64 are unemployed, a proportion that has not changed since 1986.

Still, the Equal Employment Opportunity Commission says 20 percent of its caseload involves complaints of discrimination because of disability.

And more of the disability cases are resolved quickly - an indication that the claims have validity, said the EEOC's regional attorney in Detroit, Adele Rapport.

Disabled people are eager to work out agreements with employers because administrative action can take a long time, said Scott Durren, ADA coordinator for the Center for Independent Living, an advocacy group in Grand Rapids, Mich.

The law requires employers to provide reasonable accommodations to help a disabled person perform a job if that person is otherwise qualified to do so. Such an accommodation might be a handrail, a special desk or wider aisles.

Until now, those provisions applied to companies with more than 25 workers. After July 26, they will apply to companies that employ more than 15 workers.

When 500,000 businesses with 15 to 25 workers come under the law's coverage next month, 2 million firms employing 83 percent of the nation's work force will be subject to the statute's provisions.

The law also bars employers from asking certain questions of job seekers in early interview stages. The interviewer's focus must be on the applicant's abilities, rather than limitations.

Large companies are generally familiar with the law and how to meet its requirements, but some small and relatively new businesses may have overlooked ADA because it hasn't applied to them, McKeague said.

Making physical alterations to workplaces to accommodate disabled workers has proven less of a challenge than giving employees more flexible hours, McKeague said.

``The economic problem for them is an employee who requires flexible hours, or reduced hours, because they simply don't have the staff to compensate for that,'' she said. ``That's where they will find the most trouble complying.''