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Which Employers And Employees Are Subject To The ADA?

Which Employers And Employees Are Subject To The ADA?

Title I of the Americans with Disabilities Act prohibits employers from discriminating against disabled individuals.

The law is intended to prompt employers to make employment decisions based on the facts applicable to individual applicants or employees, and not on the basis of presumptions as to what a class of individuals with disabilities can or cannot do.

Employers are subject to the ADA if they employ 15 or more employees for 20 or more calendar weeks in the current or preceding year. With respect to employment in a foreign country, the term employee includes an individual who is a citizen of the United States.

The basic requirement of the Act is that employers may not discriminate against a qualified individual with a disability on the basis of that disability. The term "discriminate" includes:

  • Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee
  • Participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs)
  • Utilizing standards, criteria, or methods of administration that have the effect of discrimination on the basis of disability; or that perpetuate the discrimination of others who are subject to common administrative control
  • Excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association
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