APPPLICABLE HUMAN RESOURCE LAWS BY COMPANY SIZE |
15 or more Employees |
Americans with Disabilities Act (ADA). Employers with 15 or more employees are required to accommodate qualified individuals with disabilities. Protections exist under this law for job applicants, the hiring procedure, promotions and demotions, termination, job training, wages, and terms and conditions of employment. Title III of the ADA requires accessibility and accommodation in any place of public accommodation, such as hotels, restaurants, retails stores, schools, etc. Who Is Considered Disabled?
Examples of physical or mental impairments include, but are not limited to, contagious and non-contagious diseases and conditions such as orthopedic, visual, speech and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, HIV disease, tuberculosis, specific learning disabilities, drug addiction and alcoholism. Homosexuality, bisexuality and related conditions and practices are not physical or mental impairments under the ADA. Impairments that substantially limit "major life activities" include inability or difficulty in caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, or participating in community activities. Individuals with a record of impairment include those having a history of, or have been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. The law also prohibits discrimination against an individual who is being treated as if he/she were disabled. Disabilty AccomModation STATEMENT Company X is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non-discriminatory basis. Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made only regarding an applicant’s ability to perform the duties of the position. Reasonable accommodation is available to all disabled employees, where their disability affects the performance of job functions. All employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as in job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. Leave of all types will be available to all employees on an equal basis. Company X is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability. Company X will follow any state or local law that provides individuals with disabilities greater protection than the ADA. This policy is neither exhaustive nor exclusive. Company X is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and all other applicable federal, state and local laws. Americans with Disabilities Act (ADA) Summary ADA Act prohibits discrimination on the basis of handicap or disability (i.e., physical impairment). On the federal level, federal employers and most federal contractors, subcontractors, and aid recipients are prohibited from discriminating on the basis of both physical and mental handicaps or disabilities. These laws impose three principles requirements on employers:
The Act prohibits discriminatory action with respect to: Recruitment, hiring, employee compensation, job assignments, leaves of absence, job training and other miscellaneous conditions and privileges of employment. Qualified Individual with a Disability The protected group is broad-based and not easily identifiable. A qualified individual with a disability is defined as someone who possesses the requisite skill, experience, education, and other job-related requirements and who can perform the essential functions of the job with or without reasonable accommodation. At least 900 disabilities are reportedly covered by the ADA. One of three situations qualify someone as being disabled under the ADA:
Covered Employers The ADA affects more employers than any other employment-related federal or state law. The ADA defines employers as:
Thus, an employer cannot avoid ADA provisions by "blaming" the union or claiming contrary collective bargaining agreement obligations. Private clubs or establishments and religious organizations are not covered by the ADA.
SAMPLE ADA JOB DESCRIPTIONS Essential Mental and Physical Job Function Summary Description Overview Job Category: Supervisor/Manager EEO Job Category: MGMT General Job Category Description. Serves as a leader and may be responsible for various business goals, such as staff utilization, legal compliance, quality assurance, operational goals, team development, loss prevention, policy compliance. employee hiring, development, training, marketing services, conflict resolution, informing, consulting and feedback liaison to both employees and management. Responsible for telephone and/or client identification and contact, business/marketing plans and strategic objectives. Writes and coordinates memos, proposals, tracks data, manages budgets and makes presentations. Leads, motivates and trains staff. Mental Requirements. Ability to speak, read, and write English. Ability to plan and prioritize job tasks within deadlines. Capacity to identify, evaluate, and assimilate information. Ability to work under pressure, self-directed with good business judgment. Math and computer aptitude as required. Diplomacy with clients, co-workers, and vendors. Excellent presentation and written communications skills, time management, and organizational skills.. Problem solving skills include creativity, analyzation, and innovation. Ability to create good impression commanding attention, respect, confidence, and diplomacy with clients, contractors, and vendors. Appropriate registrations and certifications (i.e., CPA, SPHR, BA/BS Degree in related field, etc.). Physical Requirements. Continuous sitting at desk, keyboard, etc. for several hours. Drug & Alcohol testing compliance. Medical clearance (post-offer and pre-employment medical) to operate equipment as necessary. Correctable hearing and vision required. Clean driving record required as necessary. Usual and Customary Physical Positions: Bending Occasionally, to retrieve supplies, etc. Carrying Infrequently, one hour per day, @ 25 pounds, @ 100 yards Driving Often, to and from client and branch offices Hearing Correctable hearing required Kneeling Intermittent, an hour per day on carpet/linoleum Lifting Intermittent, @ 25 pounds Maneuvering Intermittent, @ 25 pounds Pushing/Pulling Often, retrieving equipment, etc. Reaching Occasionally, above head for supplies, equipment, etc. Sitting Consistently, 6+ hours per day Standing Infrequently, one hour per day Stooping Intermittent, one hour per day, retrieving supplies, copy machine, etc. Running Does not apply Walking Intermittent, one hour per day Vision Correctable vision required Environmental and Hazardous Conditions: Usually works in a climate controlled environment. Worksheets: Variable 40+ hours a week with overtime as required. Note: The essential functions have been determined by analyzing suggested ADA factors, such as what the employees in the position currently do and what may need to be accomplished in the future as determined by Company X's judgment and the practical experience of past and present employees. However, Company X may, as job and business necessity dictate, modify duties or functions. Accommodation Requested: Yes o Identify specifically _____________________ No oEmployee Signature __________________________________ Date ________________
|