Glossary of ADA Terms

Alternative Dispute Resolution (ADR)

An informal means of settling disputes through arbitration, mediation, conciliation, or settlement.

Americans With Disabilities Act (ADA) of 1990

A civil rights law developed due to the concern that individuals with disabilities were being discriminated against in areas of employment and public accommodations. The ADA impacts employment, public accommodations, state and local governments, telecommunications, and other aspects of American industry and government.

Certified ADA Administrator

An HR professional who has completed the ADA Training & Certification Program and passed the accompanying certification exam.

Conciliation

An informal process of conference and persuasion. The process differs from a voluntary settlement between the employer and the charging party in that the EEOC is bound by law to initiate the process.

Department of Justice (DOJ)

The government agency charged with enforcing Title III, (public accommodations) of the ADA.

Direct threat

The situation whereby an individual may cause a threat to the health and safety of others because of a disability. The employer must show a significant current risk of substantial harm; the specific risk must be identified; the risk must be documented by objective medical or other factual evidence regarding the particular individual; and, the employer must consider whether it can be eliminated or reduced below the level of a "direct threat" by reasonable accommodation.

Disability

A physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment, or; being regarded as having such impairment.

EEOC

The EEOC (Equal Employment Opportunity Commission) enforces Title I (nondiscrimination in employment provisions) of the ADA.

Equal Employment Opportunity Commission (EEOC)

Enforces Title I (nondiscrimination in employment provisions) of the ADA.

Essential job functions

The fundamental job duties of the position an individual holds or desires. This does not include marginal job functions.

Family and Medical Leave Act (FMLA)

Applies to employers with 50 or more employees and provides up to 12-weeks of unpaid job-protected leave for employees that qualify for the leave.

Interactive process

The employer and the individual with a disability engaging in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation.

Job restructuring

The process of reallocating or redistributing the marginal, or non-essential, functions of the job that the employee is unable to do because of his disability.

Major life activities

Those basic activities that the average person in the general population can perform with little or no difficulty. Major life activities include functions such as caring for oneself, walking, performing manual tasks, seeing, hearing, speaking, breathing, learning, and working.

Mediation

A form of alternative dispute resolution (an alternative to litigation) and is an informal process in which a trained mediator assists the parties in reaching a negotiated resolution of a charge of discrimination.

Medical examination

A procedure or test that seeks information about an individual's physical or mental impairments or health.

Mental impairment

Any mental or psychological disorder?, such as: mental retardation, organic brain syndrome, specific learning disabilities, emotional or mental illness.

Mitigating measures

Those measures, such as prosthetic devices or drugs, used by an individual to mitigate the impact of the impairment.

Physical impairment

Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological systems, musculoskeletal systems, special sense organs, respiratory systems, speech organs, cardiovascular systems, reproductive systems, digestive systems, genito-urinary systems, hemic and lymphatic systems, skin and endocrine systems.

Qualified individual with a disability

An individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.

Reasonable accommodation

Any change in the work environment or in the way things are done that enables a qualified individual with a disability to enjoy equal employment opportunities that does not cause an undue hardship for the employer.

Settlement

A settlement is an agreement between the two parties that the issue has been resolved.

Substantially limiting

Either the individual is unable to perform a major life activity that the average person in the general population can perform, or the individual is significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform the same major activity.

Title I of the ADA

Prohibits employment discrimination based upon an individual?s disability.

Title II of the ADA

Prohibits discrimination by state and local governments based upon an individual?s disability.

Title III of the ADA

Prohibits discrimination by public accommodations based upon an individual?s disability.

Title IV of the ADA

Sets requirements for the telecommunications industry.

Title V of the ADA

Contains miscellaneous provisions which apply to EEOC's enforcement of Title I.

Title VII of the Civil Rights Act

Prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin when they provide a medical leave.

Undue hardship

Significant difficulty or expense incurred implementing an accommodation focusing on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. An employer is not required to implement an accommodation if it would cause an undue hardship.

Recommended In-Person Seminars

• Certificate Program In FMLA, ADA, And PWFA Compliance

Recommended Online Training Courses

• ADA Training & Certification Program
• Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program