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 (Continued) 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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