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A Comparison of the Human Rights Act and the ADA by ramhood17


									                         A Comparison of the Human Rights Act and the ADA

               Human Rights Act                                                     ADA

Jurisdiction   Employment, Housing, Public Accommodations,                          Employment, State and Local Government,
               Financial Credit, Sexual Harassment in Higher Education              Public Accommodations, Telecommunications

Disability     A determinable physical or mental characteristic of a person,        A physical or mental impairment that
               including but not limited to, a determinable physical                substantially limits one or more major
               characteristic which necessitates the person’s use of a guide,       life activities; a record of such an
               hearing or support dog, the history of such characteristic, or the   impairment, or being regarded as
               perception of such characteristic by the person complained           having such an impairment.
               against, which may result from disease, injury, congenital
               condition or birth or function disorder.

Qualified      One whose disability is unrelated to the person’s ability            An individual who, with or without
Individual     to perform the duties of a particular job or position.               reasonable accommodation, can
                                                                                    can perform the essential functions
                                                                                    of the employment position that such
                                                                                    individual holds or desires.

Other          Race, color, religion, sex, national origin, ancestry, age,          None
Protected      marital status, military status, sexual orientation, or
Classes        unfavorable discharge from military service

Employment     Employer, Employment agency, Labor Organization                      Employer, Employment Agency,
Coverage                                                                            Labor Organization, Joint-Labor
                                                                                    Management Committee

Employer       For purposes of disability, private employers with one or            Private employer with 15 or more
Coverage       more employees, state/local government without regard                employees. State and local
               to number of employees, no coverage for federal                      governments regardless of size,
               government.                                                          no coverage for federal government
                           A Comparison of the Human Rights Act and the ADA (continued)

                    Human Rights Act                                                ADA

Reasonable          Modification of the work site, work process and or              Reasonable accommodation may
Accommodation       work schedule to enable a person with a disability              include making exiting facilities
                    to perform the major functions of a specific job                readily accessible to and usable by
                    Accommodations may include alteration of the                    individuals with disabilities and
                    facility or work site, modification of work schedules           job restructuring, part-time or modified work
                    or leave policy; acquisition of equipment; job restructuring;   schedules, reassignment to a vacant position,
                    provision of readers or interpreters; and other similar         acquisition or modification of equipment,
                    actions.                                                        Appropriate adjustment of examinations,
                                                                                    training materials or policies, provision of
                                                                                    readers and interpreters and other
                                                                                    similar accommodations.

Accommodation       1) prohibitively expensive or unduly disruptive;                Undue hardship, which means a
Defense             2) employee would not be qualified even with                    significant difficulty or expense,
                    accommodation; or 3) accommodation is                           considering a variety of factors.
                    personal in nature, is superfluous, or would require
                    two full-time people to perform one job.

Pre-employment Prohibits a requirement for applicants to list or disclose all       No pre-employment inquiry regarding
Inquiries/ Medical disabling conditions. Permits uniform inquiry as to              disability permitted. A medical exam
Examinations       whether applicant’s disability impairs ability to perform        can be conducted after a conditional
                   position applied for. Permits medical exam of all                job office is made, if: all applicants are
                   applicants who have been found otherwise qualified               subjected to the exam, and information
                   for employment to determine whether applicants                   obtained through the exam must be
                   are capable of performing duties. Such exams may not             collected and maintained on separate
                   be used to disqualify applicants with a condition that           forms and in separate medical files and
                   merely presents a risk of future injury. The results             treated as a confidential medical record,
                   of all pre-employment examination must be made                   with the exceptions of informing
                   available to the applicant upon request.                         supervisors/managers, first aid/safety
                                                                                    personnel, and government officials
                                                                                    investigating ADA compliance.

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