The Americans with Disabilities Act

What is the ‘Americans with Disabilities Act’?
The Americans with Disabilities Act (ADA) was created in 1990, and then amended in 2009, to ensure that the rights of individuals with disabilities are upheld as they should be (ADA National Network, 2019). An individual is considered disabled, according to the ADA, if they have a physical or mental impairment that substantially limits one or more major life activities and they have a record of the impairment.  Physical impairments include cosmetic disfigurements, physiological disorders, or anatomical losses affecting one or more body systems. For example, musculoskeletal, neurological, digestive, and the immune system.  A mental impairment could be organic brain syndrome, intellectual disability, emotional and mental illness, or a specific learning disability. It is important to note that an individual’s disability can be episodic or in remission to qualify under the ADA, as long as it would substantially limit a major life activity when the disability is active. Some examples of major life activities are seeing, hearing, eating, sleeping, walking, caring for oneself, concentrating, communicating, interacting with others, etc. (Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act of 2011).  Thus, individuals that meet these requirements are protected under the ADA. 

Employment
The ADA law prohibits discrimination against disabled individuals in all areas of public life including jobs, schools, transportation, and all public and private places that are open to the public (ADA National Network, 2019). The law is separated into five sections that relate to different areas of public life. This blog focuses on Title I, the section of the law that addresses employment for individuals with disabilities.The ADA forbids discrimination in all aspects of employment including, but not limited to, recruitment, hiring, promotions, training, and pay- so long as the individual is qualified for the job (U.S Equal Employment Opportunity Commission (EEOC), n.d.). A qualified individual with disabilities is an employee that meets the requirements of a position, such as the skill, experience and education necessary, as well as being able to perform the essential functions of a job with or without reasonable accommodation(s) (National Center for Learning Disabilities, n.d.). An employer, with at least 15 employees, is required to provide reasonable accommodations as long as the accommodation does not create undue hardships (ADA National Network, 2019). Some examples of reasonable accommodations are:

• Physical changes, such as modifying a workspace or installing a ramp
• Creating a quieter workspace or reducing noisy distraction 
• Providing training and other written materials in an accessible format, such as in braille, an  audio tape, or step-by-step guides with corresponding visual aids 
• Relocation of marginal tasks that are not essential to the job 
• Time off for treatment such as counseling or occupational therapy (A Guide for People with Disabilities Seeking Employment, 2000; EEOC, n.d.).

Disclosing a Disability 
Generally, a person does not need to disclose their disability until an accommodation is needed (Higher Education Recruitment Consortium (HERC), 2017). It is preferable to disclose a disability before performance problems arise, or before they become serious, to ensure that the individual maintains their employment. Another reason to disclose a disability is to receive the benefits of employment. An individual could receive an accommodation to make better use of the privileges of employment such as access to cafeterias, gymnasiums, transportation, or social functions. And lastly, disclosing a disability might become necessary to explain an unusual circumstance. For example, if a company is renovating the building which creates a much noisier work environment, an employee that has a difficult time with concentration could disclose to their employer to receive an accommodation (HERC, 2017). 

When disclosing a disability, technical language is not necessary (HERC, 2017). An individual can tell their employer that they need to talk about a change that is related to a medical condition. Disclosure can start by saying, “I need to talk to you about the difficulty I encounter when…” (HERC, 2017). At this time, the supervisor is able to ask about the disability or ask the individual to provide evidence if the disability is not visible; it is best to be prepared for questions. It is also important to provide the employer with realistic ideas as to how they can accommodate your restrictions (EEOC, n.d.). 

How a Mental Health Professional Can Assist 
Psychological services can be helpful as you’re working to address your workplace needs. A mental health provider can help clients brainstorm realistic accommodations and give guidance on appropriate times to disclose to an employer (EEOC, n.d.). Additionally, a mental health provider can provide documentation of an individual’s condition and the associated functional limitations, along with an explanation of how an accommodation would help. Such documentation should include: the professional’s qualifications and the nature of the relationship with the client, the nature of the condition which can be a general type of disorder, the functional limitations without treatment, the need for a reasonable accommodation and lastly, suggested accommodations (EEOC, n.d.). This documentation might be necessary for an employee to receive accommodations, particularly if the disability is invisible. 

Discrimination
If you believe that you, or someone you know with a disability, has been discriminated against by an employer, contact your nearest Equal Employment Opportunity Commission Office by calling this number: 1-800-669-4000. Although states differ, you may only have 180 days after the alleged discrimination to file; so be sure to file quickly! The Equal Employment Opportunity Commission Office will notify your employer and will help you take the next steps.

References
ADA National Network (2019). What is the Americans with Disabilities Act (ADA)? Retrieved from https://adata.org/learn-about-ada

Equal Employers Opportunity Commission (2000). A guide for people with disabilities seeking employment. Retrieved from https://www.ada.gov/workta.htm

Equal Employers Opportunity Commission (2011). Regulations to implement the equal employment provisions of the americans with disabilities Act. Retrieved from https://www.govinfo.gov/content/pkg/CFR-2011-title29-vol4/xml/CFR-2011-title29-vol4-part1630.xml

Equal Employers Opportunity Commission (n.d.) The mental health provider’s role in a client’s request for a reasonable accommodation at work. Retrieved from                                         https://www.eeoc.gov/eeoc/publications/ada_mental_health_provider.cf.

Higher Education Recruitment Consortium (2017). Disclosing disability to an employer: Why  to- and when to- and how to. Retrieved from https://www.hercjobs.org/disclosing-disability-to-an-employer-why-to-when-to-how-to/

National Center for Learning Disabilities (n.d.) Americans with disabilities act amendments act (ADAAA). Retrieved fromhttps://www.ncld.org/archives/action-center/learn-the-  law/americans-with-disabilities-act-amendments-ac