S. Amir Kohan

ADA Provisions and Protections

ADA Provisions and Protections

Title I—Employment—applies to employers with 15 or more workers on the payroll.

Those employers may not discriminate against a physically or mentally disabled individual in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. Qualified individuals with a disability are to be treated as other job applicants and employees are treated. If a job accommodation is required for a qualified individual to perform the assigned job, employers are required to provide that accommodation or recommend an alternative that would be equally effective. The interactive process between employers and employees should result in an accommodation or explanation about why making the accommodation would provide an undue hardship on the employer. Title I is enforced by the Equal Employment Opportunity Commission. Part of the interactive discussion about accommodation requests involves the employer investigating other accommodations that may be equally effective yet lower in cost or other resource requirements. Employers are not obligated to accept the employee’s request
without alteration.


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