NCJ Number
185330
Journal
FBI Law Enforcement Bulletin Volume: 69 Issue: 9 Dated: September 2000 Pages: 26-30
Date Published
September 2000
Length
5 pages
Annotation
This first in a series of articles that will explore the basic concepts underlying the Americans With Disabilities Act (ADA) discusses the origins of the ADA, its enforcement, who must comply with its provisions, and the concept of "essential functions" of the job.
Abstract
The goal of the series is to provide police employers and managers with the information needed to properly address ADA issues and avoid common pitfalls created by the legislation. Most employers in the U.S. are affected by the ADA. The statute protects both current employees and job applicants from discrimination by employers on the basis of a disability; however, it is not a statute designed to ensure preferences for persons with disabilities. The ADA does not require that employers protect individuals with disabilities who are otherwise unqualified because they lack job-related education requirements, skills, or legally mandated certifications, or even those who are less qualified than other job seekers. Neither does it offer protection to people with disabilities who are unable to perform the essential functions of the jobs they hold or for which they apply. As a first step toward compliance with the ADA, employers should review the job descriptions of positions in their organizations. They should ensure that all of the essential functions of the position are identified and then ensure that all of the qualification standards used to judge job seekers relate both to the job under consideration and only to the essential functions of that job. Assuming individuals are otherwise qualified for a job by the standards of the ADA, those individuals are still not protected by the ADA unless they have a disability. 50 notes