The Americans With Disabilities Act of 1990
- Frequently Asked Questions
What is the Americans with Disabilities Act?
The Americans with Disabilities Act of 1990 (ADA) was enacted by the U.S. Congress to ensure that all qualified individuals with disabilities enjoy the same opportunities that are available to persons without disabilities. The ADA gives civil rights protections to individuals with disabilities similar to the rights provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA directly affects the District of Columbia Courts as employers.
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Who is an individual with a disability?
An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
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Who is a qualified employee or applicant with a disability?
A qualified employee or applicant is an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job in question.
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What are some examples of physical and mental disabilities?
Examples of physical disabilities include speech and hearing impairments, visual impairments, epilepsy, heart disease, HIV infection/AIDS, cancer, diabetes, and mobility impairments. Mental impairments include learning disabilities and psychological disorders.
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How does the ADA Protect D.C. Courts' employees and job applicants and what other activities are covered by the ADA?
Title I of the ADA prohibits state- and local- level governments from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
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What are the activities other than employment are covered by the ADA?
Under Title II, no qualified individual with a disability shall be unreasonably discriminated against, or excluded from participation in or benefits of the services, programs, or activities of state- and local- level government, including the judicial branch. Title III prohibits discrimination by public accommodations, including for example, hotels, restaurants, theaters, as well as services by doctors, lawyers, accountants, and other professionals. Title IV relates to telecommunications.
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What remedies are available to individuals with disabilities who believe their rights under the Americans with Disabilities Act have been violated?
The D.C. Courts have established grievance procedures that facilitate the resolution of complaints without resorting to federal complaint procedures. All employees and applicants have a right to pursue complaints of discrimination through the D.C. Courts' internal complaint procedure. For further information, please contact H. Clifton Grandy, Chief ADA Coordinator, at ADACoordinator@dcsc.gov (email), (202) 879-4812 (voice), (202) 879-0105 (TTY) or 711 (relay service) Individuals who unsuccessfully pursue local remedies are not prevented from later seeking relief through the United States Department of Justice or the United States Equal Employment Opportunity Commission.
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What are some examples of reasonable accomodation for an employee or applicant?
Reasonable accommodation may include, but is not limited to:
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
- Job restructuring, modifying work schedules, reassignment to a vacant position;
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
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What reasonable accomodations are the D.C. Courts obligated to make for employees and applicants?
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
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What are examples of the things the D.C. Courts are not required to do regarding employees and job applicants?
The D.C. Courts are not required to lower quality and production standards to make an accommodation. In addition, the Courts are not obligated to provide personal use items such as eye glasses or hearing aids.
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Can the D.C. Courts ask an employee or applicant about a disability?
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.
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What about employees or applicants using illegal drugs or abusing alcohol?
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
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Are employees and applicants protected from retailation?
It is unlawful for an employer to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.
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May the Courts ask employees whether they will require assistance in the event of an evacuation because of a disability or medical condition?
The D.C. Courts are allowed to ask employees to indicate if they will require assistance due to a disability or medical condition. Some employees may need assistance because of medical conditions that are not visually apparent. Others may have obvious disabilities or medical conditions but may not need assistance. The information that employees provide must be kept confidential and shared only with those who have responsibilities under the emergency evacuation plan. In addtition, the D.C. Courts may ask individuals who indicate a need for assistance to describe the type of assistance they think will be needed. Confidential follow-up conversations, if necessary, to obtain more detailed information are also permissible. The employer is entitled only to the information necessary for it to be prepared to provide assistance. It is not necessary for the D.C. Courts to know the details of an individual's medical condition. While the D.C. Courts generally are required to keep medical information about applicants and employees confidential, they can share medical information with first aid and safety personnel. This includes medical professionals, emergency coordinators, floor captains, colleagues who have volunteered to act as "buddies," building security officers who need to confirm that everyone has been evacuated, and other non-medical personnel who are responsible for ensuring safe evacuation. These individuals are entitled to only the information necessary to fulfill their responsibilities under the emergency evacuation plan.
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What should I do if I am an employee of the D.C. Courts and I need a reasonable accommodation for my job?
If you are a current employee of or are hired by the D.C. Courts and require a reasonable accommodation to perform the essential functions of the job in question, you should consult with either your supervisor or the Chief ADA Coordinator, H. Clifton Grandy (202) 879-4812 (voice), (202) 879-0105 (TTY), 711 (relay service), ADACoordinator@dcsc.gov (email).
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What should I do if I am an applicant to the D.C. Courts and I need a reasonable accommodation?
If you are a job applicant and require a reasonable accommodation in participating in the job recruitment, application, interview, or testing, processes, contact Duane J. Jackson, Human Resources ADA Coordinator, (202) 879-2843 (voice), 711 (relay service) jacksdj@dcsc.gov (email).
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