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It's divided into five titles, or sections.
1. Employment (Title I) Businesses must provide reasonable
accommodations to protect the rights of individuals with disabilities
in all aspects of employment. Possible changes may include
restructuring jobs, altering the layout of workstations, or
modifying equipment. Employment aspects may include the application
process, hiring, wages, benefits, and all other aspects of
employment. Medical examinations are highly regulated.
2. Public Services (Title II) People with disabilities cannot be denied
access or participation to programs
or activities which are available to people without disabilities.
In addition, public transportation systems, such as public
transit buses, must be accessible to individuals with disabilities.
3. Public Accommodations (Title III) All new construction
and modifications to public places must be accessible to individuals with disabilities.
For existing facilities, barriers to services must be removed
if readily achievable. Public accommodations include facilities
such as restaurants, hotels, grocery stores, retail stores,
etc., as well as privately owned transportation systems.
4. Telecommunications (Title IV) Telecommunications companies
offering telephone service to the general public must have
telephone relay service to individuals who use telecommunication
devices for the deaf (TTYs) or similar devices.
5. Miscellaneous (Title V) This section includes a provision prohibiting
either (a) coercing or threatening, or, (b) retaliating against
the disabled or those attempting to aid people with disabilities
in asserting their rights under the ADA.
The ADA's protection applies primarily, but not exclusively,
to "disabled" individuals. An individual is "disabled"
if he or she meets at least any one of the following tests:
1. He or she has a physical or mental impairment that substantially
limits one or more of his/her major life activities;
2. He or she has a record of such an impairment;
3. He or she is regarded as having such an impairment.
This legislation has had a huge impact on protecting the
rights of persons with a disability in their attempts to return
to work, as not only does it cover job rights, but building
accessibility and transportation as well.
Title I says that employers cannot discriminate in their
hiring practices if a person with a disability can perform
the essential functions of that job with a 'reasonable' accommodation.
In general, an accommodation is defined as any change in the
work environment or in the way activities are traditionally performed
that allows an individual with a disability to enjoy equal
employment opportunities. Undue hardship refers to significant
difficulty or expense to the employer in providing reasonable
accommodations.
Reasonable accommodations must be made available to qualified
applicants and employees with disabilities. Generally, the
individual with a disability must inform the employer that
an accommodation is needed.
Examples of reasonable accommodations:
- Making existing facilities accessible (i.e. ramps)
- Part-time or modified work schedules
- Acquiring or modifying equipment
- Providing qualified readers or interpreters
- Reassignment to a vacant position
It is your responsibility to let your prospective employer
know that you need these accommodations if you are going to
meet their expectations for fulfilling your job duties. Most
employers are unfamiliar with how to make these accommodations,
so it is a give and take communication process. There are
resources
available in your community and through the Job
Accommodation Network to help you and your employer manage
this process.

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