| The Americans with Disabilities Act (ADA)(42 U.S.C. § 12101, et seq.) is a federal civil rights law that protects individuals from employment discrimination (as well as other forms of discrimination) based upon disability in much the same way that other federal laws protect individuals from employment discrimination on the basis of race, color, sex, national origin, age, and religion. The U.S. Supreme Court has ruled that the states are immune from suit by individuals for damages to enforce the ADA, however, the State of Vermont continues to follow the law. Although an individual cannot sue for damages, the law still applies to the states and could be enforced by the federal government, or an individual could seek injunctive relief. In addition, the standards established under the ADA frequently are followed by Vermont courts when interpreting the Vermont Fair Employment Practices Act (21 V.S.A. § 495, et seq.), which also prohibits discrimination based upon disability.
The ADA covers a wide range of individuals with disabilities. An individual is considered to have a disability if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The ADA also prohibits discrimination against employees based on their relation to or association with individuals with known disabilities.
What is a major life activity?
An individual must have an impairment that substantially limits a major life activity, which is an everyday activity an average person can perform with little or no difficulty. Examples of activities identified in federal regulations and recognized by courts as major life activities include tasks such as walking, seeing, speaking, hearing, breathing, learning, and working.
What is a reasonable accommodation?
The law requires employers, in the right circumstances, to make reasonable accommodation for the special needs of disabled applicant or employee. With regard to employees, a reasonable accommodation is any modification or adjustment to the work environment, or to the manner or circumstances under which the position held is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position, or that enable an employee with a disability to enjoy equal benefits and privileges of employment as they are enjoyed by other similarly situated employees without disabilities. In the application context, a reasonable accommodation is any modification or adjustment to a job application process that enables a qualified applicant with a disability to be considered for the position the person desires, including the modifications or adjustments they would need to perform the essential functions if hired.
Reasonable accommodation may include, but is not limited to: making existing facilities used by employees readily accessible to and usable by individuals with disabilities; job restructuring; part-time or modified work schedules; reassignment to a vacant position; equipment or devices; adjustment or modification of examination, training materials or policies; and the provision of qualified readers or interpreters.
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