This information has been compiled to assist the general public in understanding and complying with the Americans with Disabilities Act. It does not constitute a determination by the Department of Justice of your rights and responsibilities, and it is not binding on the Department.

Introduction Barriers to employment, transportation, public accommodations, public services, and telecommunications have imposed staggering economic and social costs on American society and have undermined our well-intentioned efforts to educate, rehabilitate, and employ individuals with disabilities. By breaking down these barriers, the Americans with Disabilities Act will enable society to benefit from the skills and talents of individuals with disabilities, will allow us all to gain from their increased purchasing power and ability to use it, and will lead to fuller, more productive lives for all Americans.

The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.

Fair, swift, and effective enforcement of this landmark civil rights legislation is a high priority of the Federal Government. This booklet is designed to provide answers to some of the most often asked questions about the new law.

This publication was printed with the generous support of the National Institute on Disability and Rehabilitation Research.

The Americans with Disabilities Act
Questions and Answers - Employment

QUESTION. What employers are covered by title I of the ADA, and when is the coverage effective?

QUESTION. What practices and activities are covered by the employment nondiscrimination requirements?

QUESTION. Who is protected from employment discrimination?

QUESTION. Who is a "qualified individual with a disability"?

QUESTION. Does an employer have to give preference to a qualified applicant with a disability over other applicants?

QUESTION. What limitations does the ADA impose on medical examinations and inquiries about disability?

QUESTION. When can an employer ask an applicant to "self-identify" as having a disability?

QUESTION. Does the ADA require employers to develop written job descriptions?

QUESTION. What is "reasonable accommodation"?

QUESTION. What are some of the accommodations applicants and employees may need?

QUESTION. When is an employer required to make a reasonable accommodation?

QUESTION. What are the limitations on the obligation to make a reasonable accommodation?

QUESTION. Must an employer modify existing facilities to make them accessible?

QUESTION. Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

QUESTION. Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to a qualified applicant or employee with a disability?

QUESTION. Can an employer maintain existing production/performance standards for an employee with a disability?

QUESTION. Can an employer establish specific attendance and leave policies?

QUESTION. Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?

QUESTION. Are applicants or employees who are currently illegally using drugs covered by the ADA?

QUESTION. Is testing for the illegal use of drugs permissible under the ADA?

QUESTION. Are alcoholics covered by the ADA?

QUESTION. Does the ADA override Federal and State health and safety laws?

QUESTION. How does the ADA affect workers' compensation programs?

QUESTION. What is discrimination based on "relationship or association" under the ADA?

QUESTION. How are the employment provisions enforced?

QUESTION. What financial assistance is available to employers to help them make reasonable accommodations and comply with the ADA?

QUESTION. What are an employer's recordkeeping requirements under the employment provisions of the ADA?

QUESTION. Does the ADA require that an employer post a notice explaining its requirements?

QUESTION. What resources does the Equal Employment Opportunity Commission have available to help employers and people with disabilities understand and comply with the employment requirements of the ADA?

Opening screen
Introduction (Sample approach for introducing the system within a company)
Hiring Policies and Procedures
Interview guide concepts
Guide Library (Primary access point for experienced users)
Legal Do's and Don'ts
Interview Guide Design Tips
How to create a guide
Conducting the Interview
Evaluating & scoring candidates
Panel (Search Committee) Interviews
Diversity
Detailed document about the system
Recruiting Tips by Dr John Sullivan
Employee Retention Tips by Dr John Sullivan
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