Copyright (c) 1994, Landmark Communications, Inc.
DATE: Tuesday, July 26, 1994 TAG: 9407260285
SECTION: BUSINESS PAGE: D1 EDITION: FINAL
SOURCE: BY GAGE HARTER, STAFF WRITER
LENGTH: Medium: 66 lines
DISABILITIES ACT EXPANDS ITS SCOPE TODAY
AS THE LAW TURNS 4, IT COVERS BUSINESSES WITH 15 OR MORE WORKERS IN ITS BAN OF
DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES.
The Americans with Disabilities Act turns 4 today.
And marking its birthday, the final phase of the federal law's employment
section will go into effect. This requires businesses with 15 or more
employees to comply with the ADA's Title I, which prohibits discrimination
against people with disabilities when hiring or promoting workers or
distributing benefits.
Businesses that employ 25 or more have been covered since July 1992.
More than 400,000 private businesses that employ 15 to 24 workers will now
be covered by the law's employment section, said Tony Coelho, chairman of
the President's Committee on Employment of People with Disabilities.
The Small Business Administration estimates an additional 100,000
non-profit organizations will be affected by the latest change.
Probably the biggest Title I clause is reasonable accommodation. This means
employers must make efforts to accommodate disabled employees by changing
their facilities, equipment or work schedules.
The President's Committee says the costs generally range from nothing to
several thousands dollars.
Has the law helped more people with disabilities into the working world?
One employment specialist says it's too early to tell.
``I have not seen an increase of disabled (people) employed due to ADA,''
said Mike Anderson, a rehabilitation engineer for the Virginia Department of
Rehabilitative Services. ``But I think ADA does do something in arming people
with disabilities for employment.''
Anderson also raised an interesting question.
He said a lot of advocates wonder why the law's reach should apply only to
businesses with 15 or more employees. ``Why not cover all businesses?'' he
asked.
MEMO: For information about how to comply with the ADA, businesses may call
the Job Accommodation Network, a service provided by the President's
Committee, at 800-526-7234.
ILLUSTRATION: Graphic
MAJOR EMPLOYMENT PROVISIONS
Applies to all employers of 15 or more.
Outlaws discrimination against people with disabilities in
hiring, promotion and distribution of benefits.
Requires employers to make a ``reasonable accommodation'' for
applicants and workers with disabilities. Reasonable means a change
that doesn't impose an ``undue hardship.''
Allows employers to not hire someone for a specific job when
doing so would directly threaten the health or safety of that person
or others.
Prohibits pre-employment inquiries about an applicant's
disability as well as pre-employment medical exams, but lets
employers ask an applicant if he or she can perform specific job
functions. Does allow employers to condition a job offer on the
results of a medical exam, but only if the exam is required for all
applicants for similar jobs.
Allows employers to test applicants for illegal use of drugs and
to ban the use of illegal drugs or alcohol in the workplace.