What is the Americans with Disabilities Act? (ADA)

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.

While the U.S. Department of Labor’s (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. For a quick overview of the ADA read “The Americans with Disabilities Act: A Brief Overview”.

In addition to the U.S. Department of Labor, several other federal agencies have a role in enforcing, or investigating claims involving, the ADA:

The U.S Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA. Title I prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in applying for jobs, hiring, firing and job training.
The U.S. Department of Transportation enforces regulations governing transit, which includes ensuring that recipients of federal aid and state and local entities responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in highway transportation programs or activities. The department also issues guidance to transit agencies on how to comply with the ADA to ensure that public transit vehicles and facilities are accessible.
The Federal Communications Commission (FCC) enforces regulations covering telecommunication services. Title IV of the ADA covers telephone and television access for people with hearing and speech disabilities. It requires telephone and Internet companies to provide a nationwide system of telecommunications relay services that allow people with hearing and speech disabilities to communicate over the telephone.
The U.S. Department of Justice enforces ADA regulations governing state and local government services (Title II) and public accommodations.
The U.S. Department of Education, like many other federal agencies, enforces Title II of the ADA, which prohibit discrimination in programs or activities that receive federal financial assistance from the department.
The U.S. Department of Health and Human Services (HHS) also enforces Title II of the ADA relating to access to programs, services and activities receiving HHS federal financial assistance. This includes ensuring that people who are deaf or hard-of-hearing have access to sign language interpreters and other auxiliary aids in hospitals and clinics when needed for effective communication.
Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities and transit vehicles are accessible to people with disabilities. The Guidelines & Standards issued under the ADA and other laws establish design requirements for the construction and alteration of facilities. These standards apply to places of public accommodation, commercial facilities, and state and local government facilities.

Two agencies within the U.S. Department of Labor enforce parts of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center (CRC) is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities.

In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of significant changes to the definition of “disability.” The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees); Title II (programs and activities of state and local government entities); and Title III (private entities that are considered places of public accommodation).

The term disability means:

A physical or mental impairment that substantially limits one or more major life activities,
A record of such an impairment, or
Being regarded as having such an impairment.

An individual is regarded as having such an impairment if he or she has been subjected to an unlawful employment action because of an actual or perceived impairment, whether or not the impairment limits or is perceived to limit a major life activity. The law excludes an impairment that is minor

RIGHTS OF INDIVIDUALS WITH DISABILITIES

We believe that no one should experience being treated differently and negatively just because of his or her disability. To ensure that the rights of individuals with impairments are protected under the Americans with Disabilities Act (ADA), our team handles lawsuits across the United States on behalf of disabled individuals who are subjected to discrimination under the ADA and Individuals with Disabilities Education Act (IDEA). Our team actively challenges company policies, practices, and procedures that impose unlawful limitations upon the full and equal participation of individuals with disabilities.

DISABILITY ETIQUETTE

Nearly 1 out of 5 people are currently living with a disability in America. This resource is for everyone, whether or not you have a disability, who wants to interact more effectively with those who do have a disability. The Americans with Disabilities Act (ADA) of 1990 was conceived with the goal of integrating people with disabilities into all aspects of life, particularly the workplace and the marketplace. Sensitivity toward people with disabilities can help you expand your business, better serve your customers or develop your audience. The linked resource in the header provides some basic tips for you to follow.

Title I (Employment)

Equal Employment Opportunity for Individuals with Disabilities

This title is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions.

This portion of the law is regulated and enforced by the U.S. Equal Employment Opportunity Commission(link is external). Employers with 15 or more employees must comply with this law. The regulations for Title I define disability, establish guidelines for the reasonable accommodation process, address medical examinations and inquiries, and define “direct threat” when there is significant risk of substantial harm to the health or safety of the individual employee with a disability or others.

More information and events related to ADA Title I (Employment).

Title II (State and Local Government)

Nondiscrimination on the Basis of Disability in State and Local Government Services

Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973, as amended, for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (e.g., AMTRAK).

This title outlines the administrative processes to be followed, including requirements for self-evaluation and planning; requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; architectural barriers to be identified; and the need for effective communication with people with hearing, vision and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice.

More information and events related to ADA Title II (State and Local Government).

Title III (Public Accommodations)

Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities

This title prohibits private places of public accommodation from discriminating against individuals with disabilities. Examples of public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on. This title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. This title directs businesses to make “reasonable modifications” to their usual ways of doing things when serving people with disabilities. It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice.

More information and events related to ADA Title III (Public Accommodations).

Title IV (Telecommunications)

This title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements. This title is regulated by the Federal Communication Commission.

How will the ADA make telecommunications accessible?

The ADA requires the establishment of telephone relay services for individuals who use teletypewriters (TTYs, also known as telecommunications devices for deaf persons or TDDs) or similar devices. The Federal Communications Commission has issued regulations specifying standards for the operation of these services.

More information and events related to ADA Title IV (Telecommunications).

Title V (Miscellaneous Provisions)

The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees. This title also provides a list of certain conditions that are not to be considered as disabilities.

WHEN WOULD A STUDENT BE COVERED BY THE ADA, BUT NOT SECTION 504?

Private Schools: Students attending private schools may be entitled to accommodations under the ADA Title III, but not Section 504, if that school does not receive any federal funding. Under the ADA, private schools are required to provide auxiliary aids and services to ensure that students with disabilities are not excluded, denied services, segregated or treated differently than other students. However, private schools are required to provide only “reasonable accommodations,” meaning those that would not change the fundamental nature of the program or result in undue administrative hardships or costs. Private schools run by churches may be exempt, because the ADA does not apply to “religious organizations or entities controlled by religious organizations”.

Postsecondary education: Students with disabilities, ages 3-21, are ensured a “free and appropriate public education” (FAPE) under Section 504. This changes when students enter postsecondary education. After high school, students are no longer entitled to a FAPE. However, under the ADA and Section 504, postsecondary schools must provide reasonable accommodations to instructional programs and facilities. “Reasonable accommodations” may include tutoring, counseling, referral, assistive technology and interpreters. Campus classrooms, facilities and housing must be fully accessible. There is an exception for older buildings; but any programs and activities in those buildings must in some way be made accessible to people with disabilities.

Postsecondary schools are required to have an ADA coordinator. Many postsecondary schools have an Office for Students with Disabilities. For more information, contact the student affairs department on your college campus.

Vocational Education: Students with disabilities who participate in community-based job training or placement programs may be covered by the ADA Title I if they need accommodations at a particular business or workplace.

Parents: Parents of students with disabilities are also protected under the ADA. All school programs open to parents must be equally accessible to parents with disabilities. For example, school plays or activities to which parents are invited must be in a location that is physically accessible to a parent who uses a wheelchair. In ARD meetings, accommodations such as Braille, tape recordings or other accommodations must be available to a parent who has a vision impairment and cannot read printed documents.

When Subject to Retaliation or Coercion: Under the ADA, school systems may not retaliate against students with disabilities who exercise their rights. Nor may they retaliate against those who assist others in exercising their rights. This would apply to a parent who files an ADA complaint based on disability discrimination to their child.

Like Section 504, the ADA is a civil rights law. Complaints of ADA Title II and Title III violations as they relate to education must be filed through the Office of Civil Rights at the U.S. Department of Education.

There are many areas in which the ADA, Section 504, and the IDEA overlap to provide protections for students with disabilities and their family members. We have provided a side-by-side comparison of these three keys laws to help clarify the basic similarities and differences.

HOW DOES THE ADA DEFINE DISABILITY?

The ADA uses the term “substantial impairment” to define which disabilities qualify for protection. To be protected under the law, you must have, have a record of, or be regarded as having a physical or mental impairment that substantially limits one or more major life activities. Major life activities include, but are not limited to, hearing, seeing, speaking, walking, breathing, and performing manual tasks, caring for oneself, learning, reading, eating, sleeping, lifting, bending, standing, thinking, communicating, concentrating, and working. Major life activities also include the operation of major bodily functions. That means you are covered under the ADA if you have a condition that affects any of the following:

The immune system
Special sense organs
The skin
Normal cell growth
Digestive, genitourinary, bowel, and bladder functions
Nervous system, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions
The kidneys and brain

Additionally, the ADA protects you in the following cases:

You have a history of a disability (such as cancer that is now in remission) or an employer believes you are disabled, even if you are not.
You have a relationship with a person who is disabled, even if you do not have a disability. For example, it is illegal for an employer to discriminate against you because your spouse or child has a disability. Keep in mind, however, that this protection does not require an employer to supply you with a reasonable accommodation because your family member has a disability.

Does the ADA Apply to All Employers?

The ADA applies to all private employers with 15 or more employees, all state and local government employers (regardless of how many employees they have), unions, and employment agencies. The ADA does not apply to federal agencies. Instead, federal agencies have to follow the Rehabilitation Act of 1973, which is almost identical to the ADA. The ADA does not apply to employers owned and operated by Indian tribes, but tribal employers may be covered by Section 504 of the Rehabilitation Act or by tribal laws similar to the ADA.

What Parts of Employment Does the ADA Cover?

The ADA covers all aspects of employment, including:
Hiring, firing, and pay
Job assignment, promotion, layoff, training, and fringe benefits (such as health care coverage, pension, or retirement contributions)

Any other term or condition of employment

The ADA also makes it illegal for a covered employer (an employer to whom the ADA applies) to ask disability-related questions before making a job offer. An employer may not withdraw the job offer when learning about a disability, unless the employer can show that the person can’t perform the essential functions of the job even with reasonable accommodations. After a person has been hired for a job, an employer may not ask disability related questions or require a medical examination unless it is related to the job and necessary for business.

It is also illegal for an employer to retaliate take negative actions against you for asserting your rights under the ADA or for using the EEOC or Arizona Civil Rights Division’s procedures to complain about discrimination. So you are protected when you do things like tell your employer you have a disability, request a reasonable accommodation, or file a complaint.

If you have a disability and are employed, or looking for a job, your right to ask for reasonable accommodations is one of the most important parts of the ADA. In addition to protecting people with disabilities from discrimination, the ADA also requires employers to supply you with reasonable accommodations to do your job, when you apply for a job, or when you participate in an employment benefit.

Examples of reasonable accommodations include, but are not limited to, making changes to building or equipment to make it more accessible and usable by people with disabilities, changing when or how a person performs an important job function, modifying a work schedule, buying equipment or devices, supplying training materials or policies in a different format, supplying sign language interpreters, offering leave to get treatment or recover from disability-related conditions, and other similar actions.

Employers are not required to supply reasonable accommodations that would result in an undue hardship to the employer’s operations. An undue burden means it would be very difficult or very expensive for the employer to accommodate you. If an accommodation is too difficult or too costly, your employer, or potential employer, should work with you to figure out if:

There is an accommodation that would work and that would not be an undue burden to the employer or potential employer
There are resources from other agencies that might help with the cost of the supplying the accommodation

Alaska

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Alaska and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Alaska transcription service, Alaska online transcription is a growing service and it’s here to stay. Alaska closed captions must meet the 99% minimum accuracy to comply with the law. Alaska video captioning online has become a priority and Verbit is here to meet our society’s need.

Alaska Law

The Alaska Human Rights Law prohibits employment practices that discriminate on the basis of disability. The Law covers all public and private employers regardless of size, except for nonprofit educational, charitable, and religious associations

(AK Stat. Sec. 18.80.010 et seq.).

Accessibility Requirements in State Building Codes for Alaska

Alaska ADA Coordinator’s Office

Offers technical assistance and guidance to the public on the accessibility of buildings and facilities for individuals with disabilities as required by the Americans with Disabilities Act (ADA) of 1990.

Alaska Statute 35.10.015. Accessibility of Public Buildings and Facilities (State Bldgs ADOT)

Alaska State Building Code

International Building Code (IBC); ANSI A117.1

Federal law

The Americans with Disabilities Act, which was signed in 1990 and broadened in 2008, enforces the rule requiring accessibility. Title 2 regarding Public Entities and Title 3 regarding Public Accommodations are linked to online video capturing by stating “auxiliary aids”. Video captioning must meet the 99% accuracy level to comply with the ADA.

Whom does it apply to?

State offices and facilities; museums; libraries; all educational institutions; movie theatres; convention centres; airports; hotels; parks; hospitals; online services and products made publicly available.

Section 508 of the Rehabilitation Act requires that electronic and information technology is accessible to people with disabilities; this regards to websites, email, or web documents. For video content, it specifically requires closed captions. Section 504 of the Rehabilitation Act protects the civil rights of those with disabilities requiring equal access for them all. This also means that closed captioning must be provided for the deaf community or those who are hard of hearing.

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Americans with Disabilities Act (ADA) prohibits disability discrimination. In the workplace, employers cannot discriminate against a qualified individual with a disability. Reasonable accommodation by employers is required absent undue hardship. The ADA Amendments Act of 2008 (ADAAA) and its regulations significantly broadened the definition of disability, shifting the focus away from whether an individual has a disability and toward whether discrimination occurred.

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Some states, such as California and Massachusetts have broader disability discrimination laws. Many states, including Texas, have laws that mirror the amended ADA. Most states have laws prohibiting disability discrimination and genetic information discrimination in the workplace.

Alabama

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Alabama and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Alabama college course transcription, Alabama online transcription is a growing service and it’s here to stay. Alabama closed captioning must meet the 99% minimum accuracy to comply with the law. Alabama video captioning online has become a priority and Verbit is here to meet our society’s need.

Alabama Law

Alabama does not have a law that prohibits employers from discrimination on the basis of disability. However, private employers with 15 or more employees are covered by the federal Americans with Disabilities Act (ADA).

Amendments to the ADA in 2009 significantly broadened its definition of “disability” and expressly changed the definition of a “regarded as” disability. Under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

California

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. California and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, Why are people suddenly interested in California closed captioning service, California online transcription is a growing service and it’s here to stay. California closed captions must meet the 99% minimum accuracy to comply with the law. California video captioning online has become a priority and Verbit is here to meet our society’s need.

California Law

The California Fair Employment and Housing Act (FEHA) prohibits employment practices that discriminate against an applicant or employee on the basis of an actual or perceived physical or mental disability or medical condition, unless the condition prevents the employee from performing the essential functions of the job or affects the health and safety of the individual or fellow employees. FEHA also prohibits discrimination based on an individual’s genetic information and harassment based on an actual or perceived protected characteristic. FEHA covers private employers with five or more employees and all public employers, except for the harassment provision that applies to all public and private employers, regardless of size (CA Gov. Code Sec. 12926).

Effective January 1, 2017, an individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility may bring an action under FEHA for any form of harassment or discrimination (CA Gov. Code Sec. 12926.05). An employer has an affirmative defense by proving that the challenged activity was permitted by statute or regulation and that it was necessary to serve employees with disabilities under a special license.

Retaliation prohibited. FEHA prohibits employers from retaliating against any person who opposes any unlawful discriminatory practice, files a discrimination claim, or assists in the investigation or hearing of a discrimination claim.

Effective January 1, 2016, FEHA expressly prohibits employers from retaliating against a person because he or she requests an accommodation for a disability, even if the accommodation was granted.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

Newly Available Protections

Recent California legislation provides essential protections for business and property owners from unwarranted ADA lawsuits.

Senate Bill 1608 enables business and property owners to have their facilities inspected for access compliance by a Certified Access Specialist (CASp).

A CASp inspection will:

Protect against unwarranted ADA lawsuits
Insure compliance with federal and state accessibility requirements
Identify “readily achievable” issues requiring correction
Provide reasonable time frames to make required corrections
Insure that your business is accessible to all potential customers, regardless of disability

Even if a building is not fully accessible, a CASp inspection provides a business owner with immediate protection by identifying “readily achievable” issues for correction and establishing an intent to address required accessibility issues.

Tax Benefits

Tax credits and deductions are available to help pay for inspection and construction costs. A tax credit of up to $5,000 is available for small businesses that incur expenses related to accessibility improvements.

A tax deduction of up to $15,000 per year is also available to all businesses for qualified accessibility expenses that are normally capitalized.

Check with your tax advisor regarding the applicability of these credits and deductions.

Protect yourself, your property and your pocketbook

The best protection against expensive and time consuming ADA lawsuits is to have your business or property inspected, as soon as possible, for access compliance by a Certified Access Specialist (CASp).

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Texas

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Texas and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Texas transcription service, Texas online transcription is a growing service and it’s here to stay. Texas closed captions must meet the 99% minimum accuracy to comply with the law. Texas video captioning services has become a priority and Verbit is here to meet our society’s need.

Termination. The 5th Circuit Court of Appeals has ruled that, to establish a prima facie discrimination claim under the ADA, a plaintiff must prove that he or she (1) has a disability; (2) was qualified for the job; and (3) was subject to an adverse employment decision on account of his or her disability (EEOC v. LHC Grp., Inc., 773 F.3d 688 (5th Cir. 2014)). Before this decision, many federal courts in the 5th Circuit allowed employers to obtain a case dismissal by providing evidence of the terminated employee’s replacement or of consistent treatment of similarly situated employees. However, that evidence will no longer defeat a plaintiff’s claim, making it more difficult for employers to obtain a case dismissal in the early stages of litigation.

Texas Law

The Texas Labor Code prohibits employment practices that discriminate on the basis of disability (TX Labor Code Sec. 21.001et seq.).

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

New Jersey

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. New Jersey and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, Why are people suddenly interested in New Jersey transcription service online, transcription is a growing service and it’s here to stay. New Jersey closed captioning services must meet the 99% minimum accuracy to comply with the law. New Jersey video captioning online has become a priority and Verbit is here to meet our society’s need.

New Jersey Law

The New Jersey Law Against Discrimination (LAD) prohibits employment practices that discriminate on the basis of disability, atypical hereditary cellular or blood trait, or genetic test results, unless the nature and extent of the disability reasonably preclude the performance of the job in question (NJ Rev. Stat. Sec. 10:5-1 et seq.)

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Arizona

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Arizona and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, Why are people suddenly interested in Arizona business transcription service, Arizona online transcription is a growing service and it’s here to stay. Arizona closed captioning must meet the 99% minimum accuracy to comply with the law. Arizona video captioning online has become a priority and Verbit is here to meet our society’s need.

Arizona Law

The Arizona Civil Rights Act prohibits employment practices that discriminate against a job applicant or employee with a disability who is a qualified individual (AZ Rev. Stat. Sec. 41-1461 et seq.).

Under the Act, it is unlawful for an employer to:

Participate in any contractual or other arrangement that subjects a qualified individual to unlawful employment discrimination based on disability.
Use standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability or that perpetuate the discrimination of others.
Exclude or otherwise deny equal jobs or benefits to an individual qualified for the job or benefits because he or she associates with a person with a known disability.
Fail to make reasonable accommodations to the known disability of an otherwise qualified applicant or employee, unless the accommodation would impose an undue hardship on the employer.
Deny employment opportunities to a qualified job applicant or employee if the denial is based on the need to make a reasonable accommodation to the individual’s disability.
Use qualification standards, employment tests, or other selection criteria that screen out or tend to screen out an individual with a disability, unless the standard, test, or other selection criteria, as used by the employer, is shown to be job related for the position in question and is consistent with business necessity.
Fail to select and administer employment tests in the most effective manner to ensure that when testing a job applicant or employee with impaired sensory, manual, or speaking.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

lowa

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. lowa and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Iowa transcription service, Iowa online transcription is a growing service and it’s here to stay. Virginia closed captioning must meet the 99% minimum accuracy to comply with the law. Iowa video captioning online has become a priority and Verbit is here to meet our society’s need.

lowa Law

The Iowa Civil Rights Act prohibits employment practices that discriminate on the basis of disability. The Act covers all public employers and private employers with four or more employees (IA Code Sec. 216.6(6)). A separate law also prohibits disability discrimination by employers receiving public funds.

Under state law, the term “disability” means:

A physical or mental impairment that substantially limits one or more major life activities
A record of such an impairment
Being perceived as having such an impairment
A positive HIV test result or a diagnosis of AIDS or an AIDS-related condition

The term “physical impairment” includes any physiological disease, disorder, cosmetic disfigurement, anatomical loss, or any other impairment affecting a body system (e.g., respiratory, digestive, or reproductive system). “Mental impairment” means any mental or psychological disorder, such as mental retardation or emotional or mental illness, and specific learning disabilities.

The term “regarded as having an impairment” means that a person:

Is perceived as having a physical or mental impairment when the person has no impairment
Has an impairment that is perceived to be more limiting than it actually is
Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others (IA Admin. Code Sec. 161-8.26(216)).

Federal law

Whom does it apply to?

State offices and facilities; museums; libraries; all educational institutions; movie theatres; convention centers; airports; hotels; parks; hospitals; online services and products made publicly available.

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Utah

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Utah and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, Why are people suddenly interested in Utah business transcription service, Utah online transcription is a growing service and it’s here to stay. Utah closed caption must meet the 99% minimum accuracy to comply with the law. Utah video captioning online has become a priority and Verbit is here to meet our society’s need.

Utah Law

The Utah Antidiscrimination Act prohibits employment practices that discriminate against an otherwise qualified individual on the basis of disability (UT Code Sec. 34A-5-106 et seq.).

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

New Mexico

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. New Mexico and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, Why are people suddenly interested in New Mexico business transcription service, New Mexico online transcription is a growing service and it’s here to stay. New Mexico closed captioning must meet the 99% minimum accuracy to comply with the law. New Mexico video captioning online has become a priority and Verbit is here to meet our society’s need.

New Mexico Law

The New Mexico Human Rights Act prohibits employment practices that discriminate on the basis of physical or mental handicap or serious medical condition, unless based on a bona fide occupational qualification (BFOQ) (NM Stat. Sec. 28-1-1 et seq.).

Serious medical condition. Regulations issued by the New Mexico Human Rights Commission define a serious medical condition as a serious health-related impairment other than a handicap, which substantially limits one or more of an individual’s major life activities and may be verified by medical diagnosis (NM Admin. Code. Sec. 9.1.1.7 GG). An individual who has a record of a serious health-related impairment or is regarded as having a serious health-related impairment is also considered to have a serious medical condition. According to the regulations, the term “serious medical condition” is intended to apply when protection against discrimination is required because of an impairment’s severity or duration, or because there is a record of such an impairment.

BFOQ. Although a BFOQ is not defined by the statute, the New Mexico Supreme Court has decided that the firing of a nanny who was unable to perform her job because of illness was not wrongful because being able to attend work regularly is a BFOQ (Stock v. Granthan, 125 N.M. 564 (1998)). There is additional information on BFOQs.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Oregon

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Oregon and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Oregon business transcription service, Oregon online transcription is a growing service and it’s here to stay. Oregon closed caption must meet the 99% minimum accuracy to comply with the law. Oregon video captioning online has become a priority and Verbit is here to meet our society’s need. oregon transcription services

Oregon Law

The Oregon Fair Employment Practice Actprohibits employment practices that discriminate on the basis of disability (OR Rev. Stat. Sec. 659A.001 et seq.).

Note: An individual is regarded as having such an impairment if he or she has been subjected to an unlawful employment action because of an actual or perceived impairment, whether or not the impairment limits or is perceived to limit a major life activity. An individual is not regarded as having a physical or mental impairment if an impairment is minor and has an actual or expected duration of 6 months or less.

Use of tests and qualification standards. It is a violation of the Act for an employer to use a qualification standard, test, or other selection criteria that screen out or tend to screen out individuals with disabilities. Prohibited criteria include those based on an individual’s uncorrected vision or unaided hearing. An employer may use such selection criteria if they are related to the position in question and consistent with business necessity (OR Rev. Stat. Sec. 659A.112(g)).

REASONABLE ACCOMMODATIONS AND OREGON LAW

According to Oregon statute, it is the public policy of the State of Oregon to “guarantee individuals the fullest possible participation in the social and economic life of the state [and] to engage in remunerative employment…without discrimination on the basis of disability.” A person qualifies as having a disability if:

The individual has a physical or mental impairment that substantially limits one or more major life activities of the individual;
The individual has a record of having a physical or mental impairment that substantially limits one or more major life activities of the individual. For the purposes of this paragraph, an individual has a record of having a physical or mental impairment if the individual has a history of, or has been misclassified as having, a physical or mental impairment that substantially limits one or more major life activities of the individual; or
The individual is regarded as having a physical or mental impairment that substantially limits one or more major life activities of the individual.

If a person has a qualifying disability, an employer commits unlawful discrimination if the employer does not make reasonable accommodation to the known physical or mental limitations of a qualified individual who is a job applicant or employee, unless the accommodation would impose an undue hardship on the business operation of the employer. Under Oregon Revised Statute 659A.118, a reasonable accommodation may include:

Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;
Job restructuring, part-time or modified work schedules or reassignment to a vacant position;
Acquisition or modification of equipment or devices;
Appropriate adjustment or modification of examinations, training materials or policies; or
The provision of qualified readers or interpreters.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Virginia

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Virginia and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, Why are people suddenly interested in Virginia business transcription service, Virginia online transcription is a growing service and it’s here to stay. Virginia closed captioning must meet the 99% minimum accuracy to comply with the law. Virginia video captioning online has become a priority and Verbit is here to meet our society’s need.

Virginia Law

The Virginia Human Rights Act prohibits employment practices that discriminate on the basis of disability (VA Code Sec. 2.2-3900et seq.). The Virginians with Disabilities Act (VDA) prohibits employment practices that discriminate against qualified individuals with a disability (VA Code Sec. 51.5-41). The law covers allemployers, regardless of size (Yates v. Volunteer Health Care Sys., 783 F. Supp. 1002 (W.D. Va. 1992)).

Qualified individual with a disability. A qualified individual with a disability is able to perform the essential functions of his or her job. The VDA prohibits employers from making employment decisions on the basis of the disability.

Reasonable accommodation. The VDA also requires employers to make reasonable accommodations to allow employees with disabilities to continue performing their jobs, unless making such accommodations imposes an undue hardship or burden on the employer.

Undue Hardship

Undue business hardship is determined on a case-by-case basis, taking into account the size of the facility, the nature and composition of the workforce, the nature and cost of the accommodation, whether the individual with the disability will pose a health and safety threat, and the possibility that other prospective employees will be able to use the same accommodation. Under the VDA, it is a rebuttable presumption that an accommodation of $500 or more is an undue hardship for an employer with fewer than 50 employees.

ADA Compared

The federal Americans with Disabilities Act (ADA) also prohibits employment practices that discriminate on the basis of disability and covers employers with 15 or more employees.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Washington

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. New Mexico and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Washington college transcription, Washington online transcription is a growing service and it’s here to stay. Washington closed captioning must meet the 99% minimum accuracy to comply with the law. Washington video captioning online has become a priority and Verbit is here to meet our society’s need.

Washington Law

The Washington Law Against Discrimination (WLAD) prohibits employment practices that discriminate on the basis of any sensory, mental, or physical disability. The law covers employers with eight or more employees, including the state and its political subdivisions (WA Rev. Stat. Sec. 49.60.010 et seq.).

“Disability” defined. The WLAD defines “disability” as a sensory, mental, or physical impairment that:

Is medically cognizable or diagnosable;
Exists as a record or history; or
Is perceived to exist, whether or not it actually exists (WA Rev. Code Sec. 49.60.040).

The scope of the law’s definition is much broader than the federal Americans with Disabilities Act (ADA). Under the WLAD, a disability may be temporary or permanent, common or uncommon, or mitigated or unmitigated. In addition, a disability exists whether or not it limits the ability of an individual to work in general, to work at a particular job, or whether or not it limits any other activity within the scope of the WLAD.

The ADA. Amendments to the ADA in 2009 expressly changed the definition of a “regarded as” disability. A person is regarded as having an ADA disability if he or she is subjected to an adverse employment action because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a “regarded as” disability. An impairment is not a regarded as disability if it is both transitory (an expected duration of less than 6 months) and minor.

“Impairment” defined. Under the WLAD, an “impairment” is defined as:

Any physiological disorder, condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Ohio

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Ohio and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Ohio business transcription service, Ohio online transcription is a growing service and it’s here to stay. Ohio closed captioning must meet the 99% minimum accuracy to comply with the law. Ohio video captioning online has become a priority and Verbit is here to meet our society’s need.

Ohio Law

The Ohio Fair Employment Practice Law prohibits employment practices that discriminate on the basis of disability. The law covers private employers with four or more employees and all state and local government agencies, regardless of size (OH Rev. Code Sec. 4112.01 et seq.).

The term “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities, including caring for one’s self, performing manual tasks, walking, seeing, hearing, and working (OH Rev. Code Sec. 4112.01(A) (13)). The definition also includes a record of an impairment, or being regarded as having an impairment.

Physical or mental impairment. An impairment includes any of the following:

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting body systems, such as the neurological, musculoskeletal, cardiovascular, reproductive, and digestive systems
Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities
Diseases and conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus (HIV) infection, intellectual disability, emotional illness, drug addiction, and alcoholism

The following are expressly excluded from the definition of impairment:

Homosexuality and bisexuality
Transvestism and transsexualism
Pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders
Compulsive gambling, kleptomania, or pyromania
Psychoactive substance use disorders resulting from current use of illegal drugs or alcohol

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Mississippi

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Mississippi and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Mississippi business transcription service, Mississippi online transcription is a growing service and it’s here to stay. Captions must meet the 99% minimum accuracy to comply with the law. Mississippi video captioning online has become a priority and Verbit is here to meet our society’s need.

Mississippi Law

Private employers. Mississippi has no comprehensive fair employment law that covers private employers. However, private employers with 15 or more employees are covered by the federal Americans with Disabilities Act (ADA).

Public employers. The Discrimination in State Employment Law prohibits discrimination on the basis of disability (MS Code Sec. 25-9-103). The Handicapped Discrimination in State Employment Law prohibits discrimination against an individual who is blind, visually handicapped, or otherwise physically handicapped unless the disability materially affects the performance of the work required by the job. The law applies to state employment, public schools, and in any other employment supported in whole or in part by state funds (MS Code Sec. 43-6-15). The State Personnel Board has issued a statement of equal opportunity employment for all individuals, and follows the guidelines set forth by the ADA.

ADA Compared

The ADA prohibits employers from inquiring about disabilities until after a conditional offer of employment is made, and then only if it makes the same inquiries of all prospective employees in the same job category. An employer may conduct a physical fitness or agility test to measure an employee’s ability to perform job tasks. The ADA requires employers to make reasonable accommodations for the known physical and mental limitations of otherwise qualified individuals who are applicants or employees, provided such accommodations do not create an undue hardship.

A “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having an impairment.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Kansas

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Kansas and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Kansas business transcription service, Kansas online transcription is a growing service and it’s here to stay. Kansas closed captioning must meet the 99% minimum accuracy to comply with the law. Kansas video captioning online has become a priority and Verbit is here to meet our society’s need.

Kansas Law

The Kansas Act Against Discrimination prohibits employment practices that discriminate on the basis of disability and genetic test results (KS Stat. Sec. 44-1001et seq.). The law covers private employers with four or more employees and all state and local government agencies regardless of size.

Under the Act, it is unlawful for an employer to:

Limit, segregate, or classify a job applicant or employee in a way that adversely affects employment opportunities or status based on disability.
Participate in a contractual or other arrangement or relationship, including a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee or an organization providing training and apprenticeship programs that has the effect of subjecting a disabled applicant or employee to prohibited discrimination.
Use criteria or methods of administration that have the effect of discrimination based on disability or that perpetuate the discrimination of others.
Exclude or otherwise deny jobs or benefits to a qualified individual because he or she associates with an individual with a disability.
Fail to make reasonable accommodations for the known physical or mental limitations of an applicant or employee with a disability, unless the accommodation would impose an undue hardship on the employer’s business.
Deny employment opportunities to a job applicant or employee with a disability who is otherwise qualified, if the denial is based on the need to reasonably accommodate the disability of the employee or applicant.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Maryland

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Maryland and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Maryland transcription services online , Maryland online transcription is a growing service and it’s here to stay. Maryland closed captioning must meet the 99% minimum accuracy to comply with the law. Maryland video captioning online has become a priority and Verbit is here to meet our society’s need.

Maryland Law

The Maryland Fair Employment Practices Act (FEPA) prohibits employment practices that discriminate on the basis of physical or mental disability provided the individual can perform the job in question with or without reasonable accommodation (MD State Govt. Code Sec. 20-601 et seq.). Employers are also prohibited from requesting or requiring genetic tests or information as a condition of hiring or continued employment. The FEPA covers employers with 15 or more employees. Separate laws also cover public employees.

Interns. Employers may not discriminate against unpaid interns on the basis of any characteristics protected under the FEPA, including disability (MD State Govt. Code Sec. 20-610). The law requires employers to provide reasonable accommodation for the known disability of an otherwise qualified intern.

Retaliation prohibited. Employers are prohibited from discriminating against an employee or applicant who has opposed an unlawful employment practice or has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the FEPA.

Disability Defined

The FEPA defines the term “disability” as:

A physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy, or
A mental impairment or deficiency.

The following impairments are expressly included as disabilities under the FEPA: any degree of paralysis, amputation, or lack of physical coordination; blindness or visual impairment; deafness or hearing impairment; muteness or speech impairment; physical reliance of a service animal, wheelchair, or other remedial appliance or device; and retardation and any other

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Maine

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Maine and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Maine business transcription service, Maine online transcription is a growing service and it’s here to stay. Maine closed captioning must meet the 99% minimum accuracy to comply with the law. Maine video captioning online has become a priority and Verbit is here to meet our society’s need.

Maine Law

The Maine Human Rights Act prohibits employment practices that discriminate against qualified individuals with a physical or mental disability (ME Rev. Stat. Tit. 5 Sec. 4572). An exception exists if the individual with the disability is unable to perform the essential functions of the job without endangering the health and safety of the individual or others (ME Rev. Stat. Tit. 5 Sec. 4573-A(1-B) ). The Act covers all employers, regardless of size (ME Rev. Stat. Tit. 5 Sec. 4551 et seq.).

“Physical or mental disability” defined. Under state law, a disability is a physical or mental impairment that:

Substantially limits one or more of a person’s major life activities;
Significantly impairs physical or mental health; or
Requires special education, vocational rehabilitation, or related services.

A significant impairment exists when a person’s health is impaired to a significant extent when compared to the ordinary experience of the general population. The actual or expected duration of the impairment must be more than 6 months (ME Rev. Stat. Tit. 5 Sec. 4553-A).

Several specific conditions that are considered disabilities under the law are listed in the statute, including alcoholism, bipolar disorder, epilepsy, HIV or AIDS, major depressive disorder, and rheumatoid arthritis. The conditions qualify as disabilities regardless of their severity.

In addition, the following fall within the statutory definition of a disability:

Having a record of any condition considered to be a disability
Being regarded as having a disability
Being regarded as likely to develop a disability

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Louisiana

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Louisiana and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Louisiana transcription services online, Louisiana online transcription is a growing service and it’s here to stay. Louisiana closed captioning must meet the 99% minimum accuracy to comply with the law. Louisiana video captioning online has become a priority and Verbit is here to meet our society’s need.

Louisiana Law

The Louisiana Employment Discrimination Law prohibits employment practices that discriminate against an otherwise qualified person on the basis of disability or genetic test results. The Law covers employers with 20 or more employees (LA Rev. Stat. Sec. 23:301 et seq., Sec. 23:368).

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Colorado

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Colorado and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Colorado business transcription service, Colorado online transcription is a growing service and it’s here to stay. Colorado closed captioning must meet the 99% minimum accuracy to comply with the law. Colorado video captioning online has become a priority and Verbit is here to meet our society’s need.

Colorado Law

The Colorado Anti-Discrimination Act prohibits employment practices that discriminate or harass on the basis of disability (CO Rev. Stat. Sec. 24-34-401 et seq.). Under the Act, it is not a discriminatory or an unfair employment practice for an employer to discriminate if there is no reasonable accommodation that the employer can make with regard to an individual’s disability, the disability actually disqualifies the person from the job, and the disability has a significant impact on the job (CO Rev. Stat. Sec. 24-34-402). The Act covers all employers, regardless of size. Separate laws also prohibit disability discrimination by state agencies and by employers supported in whole or in part by public funds.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

District of Columbia

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. District of Columbia and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in District of Columbia business transcription service, District of Columbia online transcription is a growing service and it’s here to stay. District of Columbia closed captioning must meet the 99% minimum accuracy to comply with the law. District of Columbia video captioning online has become a priority and Verbit is here to meet our society’s need.

District of Columbia Law

The District of Columbia Human Rights Act prohibits employment practices that discriminate on the basis of an actual or perceived disability (DC Code Sec. 2-1401.01 et seq.). The law covers all employers in the District regardless of size. A separate law (DC Code Sec. 7-1005) also protects individuals with blindness or other physical disabilities, unless the particular disability prevents the performance of the job in question.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Florida

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Florida and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Florida business transcription service, Florida online transcription is a growing service and it’s here to stay. Florida closed captioning must meet the 99% minimum accuracy to comply with the law. Florida video captioning online has become a priority and Verbit is here to meet our society’s need.

Florida Law

The Florida Civil Rights Act prohibits employment practices that discriminate based on handicap. The Act covers public and private employers with 15 or more employees (FL Stat. Sec. 760.01 et seq.).

The Public Employment Discrimination Law prohibits discrimination in county and municipal employment based on handicap if the individual is the most competent and able to perform the services required (FL Stat. Sec. 112.042). The state’s Vocational Rehabilitation Law prohibits public employers from discriminating against individuals with disabilities, including those who use a service animal (FL Stat. Sec. 413.08). Under this law, “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Georgia

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Georgia and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Georgia transcription services online, Georgia transcription service is a growing service and it’s here to stay. Georgia closed captioning must meet the 99% minimum accuracy to comply with the law. Georgia closed captioning online video has become a priority and Verbit is here to meet our society’s need.

Georgia Law

The Georgia Equal Employment for Persons with Disabilities Code (Georgia Code) prohibits employment practices that discriminate on the basis of physical or mental disability, unless the disability restricts the ability of the individual to perform the job or if a bona fide occupational qualification (BFOQ) exception applies. The Code covers public and private employers with 15 or more employees (GA Code Sec. 34-6A-1 et seq.).

The Georgia Fair Employment Practices Act prohibits employment practices that discriminate on the basis of physical or mental impairment that substantially limits one or more of a person’s major life activities. The Act covers public employers with 15 or more employees (GA Code Sec. 45-19-20 et seq.).

Americans with Disabilities Act (ADA) compared. The ADA is more restrictive than the Georgia Code. The ADA prohibits employers from discriminating against a qualified individual with a disability and requires employers to provide reasonable accommodation to a qualified applicant or employee with a disability. An individual is not qualified under the ADA if he or she is unable to perform the essential functions of the job in question, as compared to the Georgia Code, which allows an employer to discriminate if a disability restricts an individual’s ability to perform the job. The ADA covers state and local governments, and private employers with 15 or more employees. Georgia employers that are subject to state law and the ADA should comply with the stricter demands of the ADA.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Hawaii

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Hawaii and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Hawaii college course transcription, Hawaii online transcription is a growing service and it’s here to stay. Hawaii closed caption must meet the 99% minimum accuracy to comply with the law. Hawaii video captioning online has become a priority and Verbit is here to meet our society’s need.

Hawaii Law

The Hawaii Employment Practices Act prohibits employment practices that discriminate on the basis of disability. Employers are prohibited from requiring an applicant or employee to submit to a genetic test as a condition of employment. The Law covers all public and private employers, regardless of size (HI Rev. Stat. Sec. 378-1 et seq.).

‘Being Regarded as Having Such an Impairment’ Explained

The term “being regarded as having such an impairment” includes a situation in which an employer considers the genetic information of an individual or the individual’s family members or the individual’s refusal to submit to a genetic test as a condition of employment.

Americans with Disabilities Act (ADA) compared. Amendments have changed the ADA’s definition of a “regarded as” disability. Under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a regarded as disability.

Direct Threat Exception

An employer may refuse employment where a direct threat is posed to the health or safety of the applicant, employee, or others in the workplace. “Direct threat” means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Idaho

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Idaho and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Idaho college course transcription, Idaho online transcription is a growing service and it’s here to stay. Idaho closed captions must meet the 99% minimum accuracy to comply with the law. Idaho video captioning online has become a priority and Verbit is here to meet our society’s need.

Idaho Law

The Idaho Human Rights Act prohibits employers from discriminating against applicants and employees on the basis of disability (ID Code Sec. 67-5901 et seq.). The Act also prohibits employers from discrimination that is based on a person’s association with a person with a disability (ID Code Sec. 67-5909). The Act covers all public employers and private employers with five or more employees.

Retaliation prohibited. Employers are prohibited from discriminating against a person who has opposed unlawful discrimination, or who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under the Act.

The term “disability” means a physical or mental condition of a person that constitutes a substantial limitation to that person and can be demonstrated by medically accepted clinical or laboratory diagnostic techniques. A person with a disability is one who:

Has such a disability
Has a record of such a disability, or
Is regarded as having such a disability (ID Code Sec. 67-5902(15)).

Federal law compared. Although the federal Americans with Disabilities Act (ADA) has similar provisions to the state law, amendments changed the ADA’s definition of a “regarded as” disability. Under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a regarded as disability.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

New York

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. New York and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in New York business transcription service, New York online transcription is a growing service and it’s here to stay. New York closed captions must meet the 99% minimum accuracy to comply with the law. New York video captioning online has become a priority and Verbit is here to meet our society’s need.

New York Law

The New York Human Rights Law (NYHRL) prohibits employment practices that discriminate on the basis of disability (including gender dysphoria) or predisposing genetic characteristics. The Law covers employers with four or more employees (NY Exec. Law Sec. 290 et seq.). The Rights of Persons with Disabilities Law applies to public and private employers and prohibits job bias against individuals who use a guide, hearing, or service dog (NY Civil Rights Law Sec. 47-a).

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

South Carolina

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. South Carolina and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in South Carolina college transcription service, South Carolina online transcription is a growing service and it’s here to stay. South Carolina closed caption must meet the 99% minimum accuracy to comply with the law. South Carolina video captioning online has become a priority and Verbit is here to meet our society’s need.

South Carolina Law

The South Carolina Human Affairs Law prohibits employment practices that discriminate on the basis of disability (SC Code Sec. 1-13-10 et seq.). The law covers private employers with 15 or more employees.

Association discrimination. It is unlawful for an employer to discriminate against a qualified individual because of the individual’s known association or relationship with a person with a known disability (SC Code Sec. 1-13-80(D)). For example, an employer may not discriminate against an employee because the employee volunteers at an AIDS clinic, or against a job applicant who has a spouse or family member with a disability.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Rhode Island

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Rhode Island and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Rhode Island business transcription service, Rhode Island online transcription is a growing service and it’s here to stay. Rhode Island closed captioning service must meet the 99% minimum accuracy to comply with the law. Rhode Island video captioning onlinehas become a priority and Verbit is here to meet our society’s need.

Rhode Island Law

The Rhode Island Fair Employment Practices Act prohibits private employers with four or more employees from discriminating against employees or applicants on the basis of a disability (RI Gen. Laws Sec. 28-5-1et seq.). The Civil Rights of People with Disabilities Act applies to all state employers and prohibits employment practices that discriminate against qualified individuals with a disability (RI Gen. Laws Sec. 42-87-1et seq.).

“Disability” defined. The definition of disability for the state fair employment law follows the definition of disability provided under the state’s Civil Rights of People with Disabilities Act. A “disability” is defined as:

A physical or mental impairment that substantially limits one or more major life activities
A record of such an impairment
Being regarded as having such an impairment
Any disability that is provided protection under the federal Americans with Disabilities Act (ADA) and federal regulations pertaining to the ADA ( RI Gen. Laws Sec. 28-5-6(4); Sec. 42-87-1et seq.)

“Substantially limits” defined. An impairment that substantially limits a major life activity includes an impairment that is episodic or in remission, if the impairment would substantially limit a major life activity when active.

Mitigating measures. The determination of whether an impairment substantially limits a major life activity is made without regard to the ameliorative effects of mitigating measures such as medication, hearing aids, mobility devices, prosthetics (including limbs and devices), and medical supplies, equipment, or appliances. Mitigating measures also include reasonable accommodations and any learned behavioral or neurological modifications that help an individual.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Nevada

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Nevada and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Nevada college transcription service, Nevada online transcription is a growing service and it’s here to stay. Nevada closed captions must meet the 99% minimum accuracy to comply with the law. Nevada video captioning online has become a priority and Verbit is here to meet our society’s need.

Nevada Law

The Nevada Fair Employment Practices (FEP) Act prohibits employment practices that discriminate on the basis of disability. The law covers employers with 15 or more employees for 20 or more weeks in the current or preceding calendar year (NV Rev. Stat. Sec. 613.310 et seq.). The federal Americans with Disabilities Act (ADA) also covers employers with 15 or more employees.

Effective October 1, 2017, the FEP Act prohibits employment discrimination based on pregnancy, childbirth, or a related medical condition (NV Rev. Stat. Sec. 613.335).

Tip: Employers with 15 or more employees should stay within the guidelines of the ADA and follow any state laws that provide additional protection to the employee.

‘Disability’ Defined

The term “disability” means (NV Rev. Stat. Sec. 613.310):

A physical or mental impairment that substantially limits one or more major life activities, including, without limitation, being infected with the human immunodeficiency virus (HIV)
A record of such an impairment
Being regarded by others as having such an impairment

Specific Disabilities

Substance abuse. Alcohol dependency and illegal drug use are not considered protected disabilities under state law.

Genetic test results. Employers are prohibited from discrimination against applicants or employees based on genetic test results (NV Rev. Stat. Sec. 613.345).

The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against employees or applicants on the basis of genetic information about employees, applicants, or their family members. GINA applies to all public employers, private employers with 15 or more employees, employment agencies, and labor organizations.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Pennsylvania

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Pennsylvania and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Pennsylvania business transcription service, Pennsylvania online transcription is a growing service and it’s here to stay. Pennsylvania closed caption must meet the 99% minimum accuracy to comply with the law. Pennsylvania video captioning online has become a priority and Verbit is here to meet our society’s need.

Pennsylvania Law

The Pennsylvania Human Relations Act prohibits employment practices that discriminate against individuals or independent contractors on the basis of non-job-related handicap or disability, or the use of a guide or support animal because of blindness, deafness, or physical handicap of any individual or independent contractor, unless the practice is based on a bona fide occupational qualification (BFOQ) exception. The Act covers all public employers and private employers with four or more employees (PA Stat. Tit. 43 Sec. 951 et seq.). Under the Act, it is unlawful for an employer to:

Refuse to hire, employ, or contract with, or to bar or discharge an individual or independent contractor on the basis of handicap or disability, if the individual or contractor is “the best able and most competent” to perform the services required.
Elicit any information, make or keep a record, or use an application form to inquire about a past handicap, disability, or use of a support animal.
Print or publish a job advertisement indicating any preference, limitation, specification, or discrimination based on handicap, disability, or use of a support animal.
Deny employment because of a prior handicap or disability.
Discriminate against an individual who has opposed an unlawful discriminatory practice, made a charge, or testified or assisted in any investigation, proceeding, or hearing under the Act.
Attempt to commit an unlawful discriminatory act, or to aid, abet, compel, or coerce anyone to commit an unlawful discriminatory act, or to obstruct or prevent compliance with the Act or a commission order.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

New Hampshire

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. New Hampshire and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in New Hampshire washington college course transcription, New Hampshire online transcription is a growing service and it’s here to stay. New Hampshire closed captions must meet the 99% minimum accuracy to comply with the law. New Hampshire video captioning online has become a priority and Verbit is here to meet our society’s need.

New Hampshire Law

The New Hampshire Law Against Discrimination prohibits employment practices that discriminate on the basis of mental or physical disability. The Law covers private employers with six or more employees and all state and local government agencies, regardless of size (NH Rev. Stat. Sec. 354-A:1 et seq.).

A “qualified individual with a disability” is an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job in question. Consideration is given to the employer’s judgment as to what functions are essential if an employer has prepared a written job description before advertising for the job (NH Rev. Stat. Sec. 354-A:2).

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

Vermont

Universities, broadcasting and television companies, and many more content creators are scrambling to comply with the ADA by making all their public content accessible to everyone, especially those with disabilities. Vermont and many states alike are paying closer attention to the guidelines required at the federal and state level. As you may have read in our last post, why are people suddenly interested in Vermont business transcription service, Vermont online transcription is a growing service and it’s here to stay. Vermont closed captions must meet the 99% minimum accuracy to comply with the law. Vermont video captioning online has become a priority and Verbit is here to meet our society’s need.

Vermont Law

The Vermont Fair Employment Practices Act prohibits employment practices that discriminate against a qualified individual with a disability (VT Stat. Tit. 21 Sec. 495 et seq.). The Act covers all employers, regardless of size.

Federal law

Whom does it apply to?

US federal offices and all their services and communications; any organization receiving federal funding; universities and colleges that receive federal grants.

National Summary

The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.

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What is the Americans with Disabilities Act? (ADA)

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