AMERICANS WITH DISABILITIES ACT -- AN 
OVERVIEW
Title I of the Americans with Disabilities Act prohibits employers from discriminating against qualified 
individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job 
training and other terms and conditions of employment. Companies with 15 or more employees should 
be aware of these key aspects of the law:
? An employer is required to make a "reasonable accommodation" to the known disability of a 
qualified applicant or employee if it does not impose an "undue hardship" on the operation of the 
employer's business. What actually constitutes an undue hardship will be largely determined on a 
case-by-case basis. The concept of undue hardship includes any action that is:
? unduly costly; 
? extensive; 
? substantial; 
? disruptive; or 
? that would fundamentally alter the nature or operation of the business. 
? Employers may not ask job applicants about the existence, nature, or severity of a disability. 
The employer cannot require a job applicant to take a medical examination before making a job 
offer. A job offer may be conditioned on the results of a medical examination, but only if such an 
exam is required for all new employees. Moreover, the employer must establish that physical 
qualification standards are job-related and consistent with business necessity. 
? An employer is not required to lower existing production standards applicable to the quality or 
quantity of work for a given job in considering qualifications of an individual with a disability, if 
these standards are uniformly applied to all applicants and employees in that job. 
? The Act does not apply to employees with temporary disabilities that have no long-term effect 
such as an employee with a broken arm that will heal. 
? When an employee is no longer able to perform in a job due to disability, the employer must 
consider reassigning the employee to another position that is available. 
? The Act protects persons with AIDS and HIV disease from discrimination. 
? The Act requires that covered employers post a notice describing the provisions of the Act. If 
you require such a notice, please contact this office, and we will obtain for you such a notice at 
no charge. 
? The Act permits employers to ensure that the workplace is free from the illegal use of drugs and 
the use of alcohol. However, it does provide limited protection for recovering drug addicts and 
for alcoholics. 
If you have any questions concerning the applicability of the Act to your company, please do not 
hesitate to call upon us.