Understanding the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008, is a landmark civil rights law that prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and telecommunications. For HR professionals studying for the SHRM-CP or SHRM-SCP exam, ADA compliance is a critical area within the Law and Compliance competency.
The ADA applies to employers with 15 or more employees. Under the law, a qualified individual with a disability is someone who can perform the essential functions of a job, with or without reasonable accommodation. The ADAAA broadened the definition of "disability" to ensure more people receive protection, making it easier for employees to establish coverage under the law.
A disability is defined as: (1) a physical or mental impairment that substantially limits one or more major life activities, (2) a record of such an impairment, or (3) being regarded as having such an impairment.
Essential Functions and Job Descriptions
One of the most important ADA concepts for HR professionals involves essential functions. These are the fundamental duties of a position that an employee must be able to perform. The EEOC considers several factors when determining whether a function is essential:
- The position exists specifically to perform that function.
- There are a limited number of employees available to perform it.
- The function is highly specialized, and the person was hired for their expertise.
Well-written job descriptions are a critical tool for ADA compliance. The EEOC gives weight to job descriptions prepared before advertising or interviewing for a position. HR professionals should regularly review and update job descriptions to clearly identify essential versus marginal functions.
On the SHRM exam, you may encounter scenarios where you must determine whether a particular accommodation request is reasonable based on the distinction between essential and marginal job functions.
The Interactive Process and Reasonable Accommodation
When an employee or applicant discloses a disability and requests assistance, the employer must engage in the interactive process. This is a collaborative dialogue between the employer and the individual to identify effective accommodations. Key points include:
- The employee does not need to use the word "accommodation" to trigger the process. Any indication that a disability is causing a work-related problem may be sufficient.
- The employer should gather information about the individual's limitations and how they affect job performance.
- Both parties should brainstorm potential accommodations.
- The employer selects an accommodation that is effective, though not necessarily the one the employee prefers.
Examples of reasonable accommodations include modified work schedules, assistive technology, job restructuring, reassignment to a vacant position, and making facilities accessible. An employer can deny an accommodation only if it would cause an undue hardship, meaning significant difficulty or expense relative to the employer's size, resources, and operations.
Medical Inquiries and Confidentiality
The ADA places strict limits on when employers can make medical inquiries or require medical examinations:
- Pre-offer stage: No disability-related inquiries or medical exams are permitted.
- Post-offer, pre-employment: Medical exams are allowed if required of all entering employees in the same job category.
- During employment: Medical inquiries are permitted only if they are job-related and consistent with business necessity.
All medical information must be kept in separate, confidential files, apart from the employee's general personnel file. Only supervisors who need to know about work restrictions or accommodations should receive relevant information, and even then, only on a need-to-know basis.
SHRM exam questions frequently test whether a particular medical inquiry is permissible at a given stage of the employment relationship. Understanding the three stages is essential for answering these questions correctly.
Start Practicing Today
ADA compliance is consistently tested on the SHRM certification exam. The exam includes 134 questions over 4 hours, and scenario-based ADA questions require a deep understanding of reasonable accommodation, the interactive process, and medical inquiry rules.
SHRMpractice.com provides targeted practice questions on ADA and other disability-related employment laws. Use our diagnostic tool to assess your readiness and focus your study time where it matters most. Sign up now and start practicing with questions designed to mirror the actual SHRM exam format.