Key points of ADA are:
An employer is required to make "reasonable accommodations" to the disability of a qualified individual only if it does not impose an "undue hardship" on the employer's business. Since "undue hardships" will be relative to each company, this would have to be determined on an individual basis. Courts have found that undue hardships would pertain to any action that is/would be:

• inordinately expensive
• disruptive to the environment
• extensive
• substantial
• one that would fundamentally alter the nature/operation of the business

Employers may not ask job applicants about the existence, nature, or severity of a disability. A job offer may be contingent upon medical examination results, but only if the exam is required for all applicants and the employer has established that physical standards are related to the job and have a business necessity.

The ADA does not apply to individuals with temporary disabilities that have no long-term effects.

The ADA protects individuals who are HIV-positive or who have AIDS. The ADA does not provide protection for individuals who use drugs/alcohol at the workplace. It does, however, provide some protection for individuals who are recovering addicts/alcoholics.

Employers do not have to lower existing quantity/quality production standards for individuals with disabilities, provided that these standards are applied to all applicants and current position incumbents.

The ADA requires that covered employers post an Americans with Disabilities Act notice that describe the Act's provisions.

*This poster is located in the College of Charleston Human Resources Office.