Not every American employer must conform to the requirements of the Americans with Disabilities Act. Pursuant to Title I of the ADA, only employers that carry at least 15 employees are mandated to conform to the ADA’s terms. That means that some small Illinois businesses may be exempt from the strict rules of this anti-discrimination law.
When an employer is required to conform to the ADA, they are prohibited in undertaking certain actions. For example, they may not allow disability discrimination to play a role in any employment decisions for their employees. That means that they may not discriminate when hiring to workers, promoting existing workers or firing certain individuals from their workforce. Disability-based questions may not be asked during interviews for positions with the ADA-covered entity.
Additionally, employers that must follow the rules of the ADA are required to make reasonable accommodations for their disabled employees. Reasonable accommodations can be complicated to understand since what is reasonable to one person may not be reasonable to others. Generally, though, if an employee has a recognized physical or mental disability that can be accommodated without subjecting their employer to an undue hardship, that employer will be required to provide the accommodation to their worker.
This overview of the Americans with Disabilities Act should provide its readers with a basic understanding of which employers are covered by the ADA and what they must and may not do if they employ men and women with disabling conditions. Further questions about this and other employment litigation matters should be brought up with practicing employment law attorneys as no legal advice is provided through this article.