Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in the employment of individuals with disabilities.
For additional information, take a look at the following resources:
FAQ: How can I file an ADA complaint with the U.S. Department of Justice?
FAQ: How are the ADA’s requirements for State and local governments enforced?
The ADA requires that employers post a notice describing the provisions of the ADA. It must be made accessible, as needed, to individuals with disabilities. A poster is available from EEOC summarizing the requirements of the ADA and other Federal legal requirements for nondiscrimination for which EEOC has enforcement responsibility. EEOC also provides guidance on making this information available in accessible formats for people with disabilities.
For additional information, take a look at the following resources:
FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?
Fact Sheet: Reasonable Accomodations in the Workplace
Yes. The ADA defines qualified to mean a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.
For additional information, take a look at the following resources:
FAQ: What are the “essential functions” of a job?
No. The ADA does not require employers to develop or maintain job descriptions. However, a written job description that is prepared before advertising or interviewing applicants for a job will be considered as evidence along with other relevant factors. If an employer uses job descriptions, they should be reviewed to make sure they accurately reflect the actual functions of a job. A job description will be most helpful if it focuses on the results or outcome of a job function, not solely on the way it customarily is performed. A reasonable accommodation may enable a person with a disability to accomplish a job function in a manner that is different from the way an employee who does not have a disability may accomplish the same function.
For additional information, take a look at the following resources:
FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?
The ADA public accommodations provisions permit an individual to allege discrimination based on a reasonable belief that discrimination is about to occur. This provision, for example, allows a person who uses a wheelchair to challenge the planned construction of a new place of public accommodation, such as a shopping mall, that would not be accessible to individuals who use wheelchairs. The resolution of such challenges prior to the construction of an inaccessible facility would enable any necessary remedial measures to be incorporated in the building at the planning stage, when such changes would be relatively inexpensive.
For additional information, take a look at the following resources:
The ADA does not override health and safety requirements established under other federal laws even if a standard adversely affects the employment of an individual with a disability. If a standard is required by another federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity.
For example, employers must conform to health and safety requirements of the U.S. Occupational Safety and Health Administration. However, an employer still has the obligation under the ADA to consider whether there are reasonable accommodations, consistent with the standards of other federal laws, that will prevent exclusion of qualified individuals with disabilities without violating the standards of those laws. If an employer can comply with both the ADA and another federal law, then the employer must do so.
The ADA does not override state or local laws designed to protect public health and safety, except where such laws conflict with ADA requirements. If there is a state or local law that would exclude an individual with a disability from a particular job or profession because of a health or safety risk, the employer still must assess whether a particular individual would pose a "direct threat" to health or safety under the ADA standard. If such a "direct threat" exists, the employer must consider whether it could be eliminated or reduced below the level of a "direct threat" by reasonable accommodation. An employer cannot rely on a state or local law that conflicts with ADA requirements as a defense to a charge of discrimination.
For additional information, take a look at the following resources:
The ADA does not cover strictly residential private apartments and homes. If, however, a place of public accommodation, such as a doctor's office or day care center, is located in a private residence, the portions of the residence used for that purpose are subject to the ADA's requirements.
For additional information, take a look at the following resource:
Fact Sheet: Accessible Lodging
Discrimination by air carriers in areas other than employment is not covered by the ADA but rather by the Air Carrier Access Act (49 U.S.C. 1374 (c)).
For additional information, take a look at the following resources:
Passengers with Disabilities – About the Air Carriers Access Act Source: U. S. Department of Transportation
Yes. Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments. This means that not only is a city or state government office covered, but also public schools, community colleges, city police departments, and public libraries. Title II also clarifies the requirements of section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive Federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive Federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (AMTRAK).
For additional information, take a look at the following resources:
Fact Sheet: An Overview of the Americans With Disabilities Act
No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to a disability. For example, suppose two persons apply for a job as a typist and an essential function of the job is to type 75 words per minute accurately. One applicant, an individual with a disability, who is provided with a reasonable accommodation for a typing test, types 50 words per minute; the other applicant who has no disability accurately types 75 words per minute. The employer can hire the applicant with the higher typing speed, if typing speed is needed for successful performance of the job.
For additional information, take a look at the following resources:
FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?
Fact Sheet: Reasonable Accommodations in the Workplace
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