LEGAL MINUTE
by Teresa Schiller, Beard Kultgen Brophy Bostwick & Dickson, PLLC
W
ith limited resources in a constricted economy, business leaders are relying more on internal teamwork to get the job done. On any team, there is diversity -- a variety of strengths, weaknesses, viewpoints, tolerance levels, and levels of internal influence. This diversity may make good financial sense. It may help a business to develop goods and services that are more attractive to a variety of consumers, and to develop them more efficiently. To promote diversity, certain federal laws – including the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 (together, the “ADA”) – protect certain workers and impose requirements on certain employers. Here is some basic information about the ADA as it relates to private employers’ responsibilities toward their employees with regard to non-discrimination, non-retaliation, and non-coercion.
1. What is the ADA? The ADA -- along with myriad judicial and agency opinions interpreting it -- is broad and complex. The ADA, as written, is divided into five parts, or titles. Title I prohibits employment discrimination. Title II covers public services. Title III addresses public accommodations. Title IV covers telecommunications. Title V discusses retaliation, coercion, and miscellaneous requirements. Titles I and V are most relevant to private employers, as outlined below.
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2. What private employers are subject to the ADA’s non-discrimination, non-retaliation, and non-coercion requirements? In general, the following private employers are subject to these requirements: (a) employers with 15 or more employees; (b) employment agencies; (c) labor unions; (d) certain federal contractors and subcontractors; and (e) certain employers who receive federal assistance.
3. What discrimination does the ADA prohibit? The ADA requires private employers not to discriminate against any employee or job applicant (collectively, “employee”) because of any of the following: (a) the employee has a disability; (b) the employee has a record of disability; (c)
the employee is regarded as having a disability that is not minor, and that lasts or is expected to last more than six months (even if he does not actually have such a disability); or
(d) the employee has an association with a person known to have a disability.
