Public housing must meet basic non-discrimination requirements that prohibit exclusion, segregation and unequal treatment. They must also meet specific requirements in terms of architectural standards for new and modified buildings; appropriate changes to policies, practices and procedures; effective communication with people with hearing, visual or speech impairments; and other access requirements. In addition, public housing must remove barriers in existing buildings where possible without too much difficulty or cost, given the resources for public housing. Once you`ve hired a candidate, you won`t be able to request a medical exam or ask an employee questions about the disability unless you can prove that these requirements are job-related and necessary to run your business. You can perform voluntary medical examinations that are part of an employee health program. One. As an employer, you are responsible under Title I of the ADA for making facilities available to qualified applicants and employees with disabilities as reasonable accommodation, unless doing so would result in unreasonable hardship. Accessibility must be ensured so that a qualified candidate can participate in the application process, to allow a qualified person to perform essential professional duties, and to allow an employee with a disability to benefit from the benefits and privileges available to other employees. However, if your business is a public place (e.g., a restaurant, retail store or bank), you have different obligations under Title III of the ADA to ensure accessibility to the general public. Title III also provides that public housing and commercial facilities (such as office buildings, factories and warehouses) are barrier-free in new construction or in the event of modifications to existing structures.
For more information about these requirements, contact the U.S. Department of Justice, which applies Title III. (See page 22). In January 1992, the EEOC published a technical assistance manual containing the practical application of legal requirements to specific employment activities with a list of resources to support compliance. The EEOC publishes other educational materials, provides training on the right to persons with disabilities and employers, and participates in meetings and training programmes of other organizations. EEOC staff will also respond to individual requests for information and support. The Commission`s technical assistance programme shall be separate from its implementing tasks. Employers who request information or assistance from the Commission will not be applied as a result of these investigations. The transport provisions of Title II concern public transport services such as city buses and public rail transport (e.g.
metros, commuter trains, Amtrak). Public transport authorities must not discriminate against persons with disabilities in the provision of their services. They must meet the accessibility requirements of newly acquired vehicles, make a good faith effort to purchase or lease accessible used buses, refurbish buses in an accessible manner and, unless it would result in an unreasonable burden, provide paratransit when operating fixed-route bus or rail systems. Paratransit is a service in which people who cannot use the regular public transit system independently (due to a physical or mental disability) are picked up and dropped off at their destination. One. The request is usually triggered by a request from a person with a disability, who can often suggest appropriate accommodations. Precautions will need to be taken on a case-by-case basis, as the nature and extent of an obstruction condition and the requirements of the workplace will vary. The main criterion when choosing a particular type of accommodation is that of effectiveness, that is, whether the accommodation allows the person with a disability to perform the essential functions of the work. It does not have to be the best accommodation or accommodation that the person with a disability would prefer, although the preference of the person concerned should be taken into account in the first place. However, as an employer, you have the ultimate discretion to choose between effective accommodations, and you can choose the one that is the most cost-effective or the easiest to offer.
The Department of Justice`s ada information line answers questions about ADA requirements. It is available to businesses, state and local governments, and the public. Call 1-800-514-0301 (TTY: 1-800-514-0383). Q. Does the ADA require me to post a notice explaining the requirements? As the ADA establishes overlapping responsibilities in both the EEOC and the DOJ for employment by state and local governments, federal enforcement efforts are coordinated by the EEOC and the DOJ to avoid duplication of investigative and enforcement activities. Since some private and public employers are already covered by non-discrimination and affirmative action requirements under the Rehabilitation Act 1973, the EEOC, the Ministry of Justice and the Ministry of Labour also coordinate enforcement efforts under the ADA and the Rehabilitation Act. The Commission also recognizes that misunderstandings can lead to differences and disputes over ADA requirements between employers and persons with disabilities. Such disputes can often be resolved more effectively through informal negotiation or mediation than through the formal ada enforcement process. Accordingly, the EEOC will encourage the efforts of employers and persons with disabilities to resolve these disputes through alternative dispute resolution methods, provided that such efforts do not deprive anyone of the legal rights provided by law. Q.
Under the ADA, can an employer refuse to hire someone or fire a current employee who uses drugs illegally? The latter title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, the prohibition of retaliation and coercion, the use of illegal drugs, and attorneys` fees. This title also contains a list of certain conditions that should not be considered disabilities. One. The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability by the federal government, federal contractors and recipients of federal financial assistance. If you were covered by the Rehabilitation Act before the ADA was passed, the ADA has no effect on that coverage. Many of the provisions contained in the ADA are based on section 504 of the Rehabilitation Act and its implementing provisions. If you receive federal financial assistance and comply with section 504, you are likely to meet ADA requirements that affect employment, except in areas where the ADA contains additional requirements. Your non-discrimination requirements as a federal contractor under section 503 of the Rehabilitation Act are essentially the same as those of the ADA; However, they still have additional requirements for affirmative action under Section 503 that do not exist under the ADA.