The Education Master 1994 (4th Edition)/EDUCATIONS_MASTER_4TH_EDITION.bin/files/legaegal/sba1/f1sba.exe/F130.SBE

Text File | 1993-04-10 | 7KB | 164 lines

@158 CHAP 5

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     │COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT│
     └───────────────────────────────────────────────────┘

In July of 1990, Congress enacted a revolutionary and wide-
reaching piece of legislation, the Americans with Disabili-
ties Act (The ADA), designed to make both the workplace and
most public facilities much more accessible to disabled
persons than has been the case up to now.

This new law (42 U.S.C. 12101, et seq.) and related regu-
lations (29 C.F.R. 1630), which are being phased in over
several years, will have significant impacts on a great
many businesses, both in terms of employment practices,
covered under Title I of the ADA, and in terms of removing
architectural barriers and other physical features that
have limiting effects on the lives of disabled persons
(Title III of ADA).


         NEW ANTI-DISCRIMINATION HIRING
         RULES REGARDING THE DISABLED

Title I of ADA, effective for larger firms on July 26, 1992,
prohibits discrimination against any "qualified individual
with a disability" in all aspects of employment, including
hiring and discharge of workers, compensation and benefits.
In addition, employers must "reasonably accommodate" em-
ployees' or applicants' disabilities, which may mean modi-
fying facilities, restructuring work schedules, or trans-
ferring disabled workers to vacant positions for which they
are qualified, in appropriate circumstances.  Employers are
not required to accommodate a disabled worker, however, if
doing so would impose an "undue hardship" on the employer.
@IF024xx](NOTE:  Because your firm has fewer than 25 employees, the
@IF024xx]ADA discrimination rules that went into effect on July 26,
@IF024xx]1992 do not apply to @NAME.)
@IF025xx]These ADA discrimination rules already apply to you, since
@IF025xx]your firm has @EMP employees (assuming that at least twenty-
@IF025xx]five people are employed during any given 20 weeks of the
@IF025xx]year by @NAME).


         MEDICAL SCREENING TESTS
         SHARPLY CURTAILED

One area that will be significantly affected in the hiring
process is the limitation on medical screening of appli-
cants.  Companies no longer can, under ADA, screen out pro-
spective employees with disabilities because the applicant
has an elevated risk of an on-the-job injury, or a medical
condition that might be aggravated because of job demands.
The law specifically bans questions about a job applicant's
physical or mental condition either on an employment appli-
cation form or during a job interview.  (Including general
questions such as, "Do you have any mental or physical con-
ditions that would prevent you from performing your job
functions?")

Medical exams are still allowed, but are greatly restricted.
Pre-offer exams are prohibited, but an offer may be condi-
tioned upon the satisfactory results of a medical examina-
tion.  (But results cannot be used to withdraw an offer,
unless they show that the individual in question is not
able to perform the tasks required by the position sought.)

Employers should be aware that the definition of "disabled"
under the ADA includes people with AIDS, those who test
positive for HIV, and rehabilitated drug abusers and alco-
holics.

But note that the ADA does NOT:

  . prohibit voluntary tests, such as employer-sponsored
    cholesterol or blood pressure tests; nor

  . require employers to hire persons who are drug users
    or who have contagious diseases.

ADA is neutral on the issue of drug testing of employees,
in effect leaving that up to regulation by the states.

ADA's employment-related rules become effective on the
following dates:


  . July 26, 1992 -- Equal employment rules with regard to
    the disabled, effective for employers with 25 or more
    employees during 20 weeks of the year.

  . January 26, 1993 -- All commercial firms, not just
    those serving the public, must make NEW facilities and
    grounds accessible to the disabled, both to disabled
    employees and to customers.

  . July 26, 1994 -- Equal employment rules with regard to
    the disabled, effective for employers with 15 or more
    employees during 20 weeks of the year.

@IF023xx](NOTE:  While your firm has only @EMP employees, and is thus
@IF023xx]not currently subject to the ADA discrimination rules, it
@IF023xx]will be after July 26, 1994, when the ADA threshold drops
@IF023xx]to 15 employees, assuming no change in the number of employ-
@IF023xx]ees of @NAME by that time.)


       PUBLIC ACCOMMODATIONS FOR
       THE DISABLED

Title III of the ADA requires practically all businesses to
make their facilities accessible to disabled employees and
customers.  Examples of various accessibility requirements
with regard to public accommodations include the following
(in all new facilities, and where "feasible" in existing
ones):

  . One designated parking space for the disabled must be
    provided for every 25 or fewer spaces (a lesser ratio
    applies if there are more than 100 total spaces);

  . Hotels and motels must have 5% of rooms accessible to
    wheelchairs and another 5% must be equipped with such
    devices as visual alarms for the hearing-impaired, for
    instance;

  . Access ramps must be in place where the floor level
    changes more than half an inch;

  . Elevators must be provided in 3-story or taller buil-
    dings and in those with over 3,000 square feet per
    story;

  . In retail and grocery stores, checkout aisles must be
    at least 36 inches wide (wide enough for wheelchairs);

  . Theaters and similar places of assembly for 50 or more
    people must have at least 3 wheelchair spaces dispersed
    throughout the seating area;

  . And many other similar requirements....

The new public access requirements became effective for all
employers of (any size) on January 26, 1993.


     TAX INCENTIVES FOR REMOVING ARCHITECTURAL BARRIERS

Companies spending money to remove architectural and trans-
portation barriers to the disabled can deduct up to $15,000
a year of such expenses. (I.R.C. Sec. 190.)  In addition,
small firms (those with gross receipts under $1 million or
fewer than 30 full-time employees), who spend between $250
and $10,250 a year on access for the disabled, can claim a
tax credit for up to 50% of the cost of such expenditures
(a maximum annual credit of $5000).  (I.R.C. Sec 44)

NOTE:  For more information on the Americans with Disabili-
ties Act, call the U.S. Department of Justice's information
line, at [phone].