AMERICANS WITH DISABILITIES ACT OF 1990 ("ADA")
A. General Overview of ADA
The ADA applies to employers who employ 15 or more employees and who engage in an industry affecting commerce. 42 U.S.C.A. § 12111(5). It protects qualified applicants and employees who have a recognized disability. "Disability" includes physical or mental impairments that substantially limit one or more major life activities. A "qualified" individual is someone with a disability that can perform the essential functions of the job, with or without reasonable accommodation. 42 U.S.C.A. §§ 12111 and 12112.
Employers with 15 or more employees must reasonably accommodate qualified employees with a disability to allow performance of the job's essential functions. Examples include job restructuring, part-time or modified work schedules, reassignment to a vacant position, modification of equipment, modification of policies, etc. The ADA does not require an employer to create a light duty position for a qualified individual with a disability. Furthermore, a reasonable accommodation is not required if it would impose undue hardship on the employer. Examples of undue hardship include significant difficult or expense. The obligation to provide reasonable accommodation is limited to the known disability. 42 U.S.C.A. §§ 12111 and 12112.
Employers may not ask disability related questions or conduct medical examinations until after it makes a conditional job offer to the applicant. However, an employer can inquire of an applicant's ability to perform the functions of the job. 42 U.S.C.A. § 12112. Once a job offer is made, an employer can ask about an individuals physical and mental health, including the individual's workers' compensation history, prior sick leave usage, illnesses, diseases, and impairments. Such questioning should be job-related and consistent with business necessity. Furthermore, all applicants in the same job category must be subjected to the same examination or inquiry, regardless of disability. 42 U.S.C.A. § 12112.
If applicant is not offered a job because of a disability, the employer must demonstrate that the reason for the rejection is job-related and consistent with business necessity. The employer must also notify the individual (orally or in writing) if his or her potential job placement was adversely affected by the results of a post-offer medical examination or disability related question. Medical information must be kept confidential. This means that the medical information must be collected and maintained on separate forms and in separate files. 42 U.S.C.A. § 12112(d)(4).
B. Damages
Damages include compensatory damages for future pecuniary losses, emotional pain and suffering, inconvenience, mental anguish and loss of enjoyment of life, punitive damages, reasonable attorney's fees, and other non-pecuniary losses. Compensatory and punitive damages are not allowed in reasonable accommodation cases where good faith is shown. 42 U.S.C.A. §§ 12205 and 12117.