The Americans with Disabilities Act of 1990 (ADA) covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals. This statute prohibits discrimination against people with disabilities who are qualified for the job.
The ADA’s definition of disability encompasses a wide range of physical and mental impairments, and a disabled individual is deemed "qualified" if he can perform the essential functions of the job with or without a reasonable accommodation.
Accommodations for employees and applicants with disabilities
You are required to make reasonable accommodations for all qualified individuals with a disability unless doing so would cause you an undue hardship. Because the standard is high, most employers will have trouble proving that an accommodation causes such a hardship.
You should note that granting extended leave to an employee is considered a form of reasonable accommodation. Thus, even if the employee has used up his sick leave, Family and Medical Leave Act (FMLA) leave, and vacation leave, you still may need to grant additional leave for employees with disabilities.
Employees (or the EEOC) can sue for lost wages, benefits, reinstatement, and attorneys' fees. An employer may be liable for capped compensatory damages as well as punitive damages if the court finds intentional discrimination.
Related articles on the Americans with Disabilities Act (ADA) from the State Employment Law Letters designates additional valuable resources available exclusively to Employment Law Letter subscribers
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