@158 CHAP 5 旼컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� 쿎OMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT� 읕컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� In July of 1990, Congress enacted a revolutionary and wide- reaching piece of legislation, the Americans with Disabili- ties Act (The ADA), designed to make both the workplace and most public facilities much more accessible to disabled persons than has been the case up to now. This new law (42 U.S.C. 12101, et seq.) and related regu- lations (29 C.F.R. 1630), which are being phased in over several years, will have significant impacts on a great many businesses, both in terms of employment practices, covered under Title I of the ADA, and in terms of removing architectural barriers and other physical features that have limiting effects on the lives of disabled persons (Title III of ADA). NEW ANTI-DISCRIMINATION HIRING RULES REGARDING THE DISABLED Title I of ADA, effective for larger firms on July 26, 1992, prohibits discrimination against any "qualified individual with a disability" in all aspects of employment, including hiring and discharge of workers, compensation and benefits. In addition, employers must "reasonably accommodate" em- ployees' or applicants' disabilities, which may mean modi- fying facilities, restructuring work schedules, or trans- ferring disabled workers to vacant positions for which they are qualified, in appropriate circumstances. Employers are not required to accommodate a disabled worker, however, if doing so would impose an "undue hardship" on the employer. @IF024xx](NOTE: Because your firm has fewer than 25 employees, the @IF024xx]ADA discrimination rules that went into effect on July 26, @IF024xx]1992 do not apply to @NAME.) @IF025xx]These ADA discrimination rules already apply to you, since @IF025xx]your firm has @EMP employees (assuming that at least twenty- @IF025xx]five people are employed during any given 20 weeks of the @IF025xx]year by @NAME). MEDICAL SCREENING TESTS SHARPLY CURTAILED One area that will be significantly affected in the hiring process is the limitation on medical screening of appli- cants. Companies no longer can, under ADA, screen out pro- spective employees with disabilities because the applicant has an elevated risk of an on-the-job injury, or a medical condition that might be aggravated because of job demands. The law specifically bans questions about a job applicant's physical or mental condition either on an employment appli- cation form or during a job interview. (Including general questions such as, "Do you have any mental or physical con- ditions that would prevent you from performing your job functions?") Medical exams are still allowed, but are greatly restricted. Pre-offer exams are prohibited, but an offer may be condi- tioned upon the satisfactory results of a medical examina- tion. (But results cannot be used to withdraw an offer, unless they show that the individual in question is not able to perform the tasks required by the position sought.) Employers should be aware that the definition of "disabled" under the ADA includes people with AIDS, those who test positive for HIV, and rehabilitated drug abusers and alco- holics. But note that the ADA does NOT: . prohibit voluntary tests, such as employer-sponsored cholesterol or blood pressure tests; nor . require employers to hire persons who are drug users or who have contagious diseases. ADA is neutral on the issue of drug testing of employees, in effect leaving that up to regulation by the states. ADA's employment-related rules become effective on the following dates: . July 26, 1992 -- Equal employment rules with regard to the disabled, effective for employers with 25 or more employees during 20 weeks of the year. . January 26, 1993 -- All commercial firms, not just those serving the public, must make NEW facilities and grounds accessible to the disabled, both to disabled employees and to customers. . July 26, 1994 -- Equal employment rules with regard to the disabled, effective for employers with 15 or more employees during 20 weeks of the year. @IF023xx](NOTE: While your firm has only @EMP employees, and is thus @IF023xx]not currently subject to the ADA discrimination rules, it @IF023xx]will be after July 26, 1994, when the ADA threshold drops @IF023xx]to 15 employees, assuming no change in the number of employ- @IF023xx]ees of @NAME by that time.) PUBLIC ACCOMMODATIONS FOR THE DISABLED Title III of the ADA requires practically all businesses to make their facilities accessible to disabled employees and customers. Examples of various accessibility requirements with regard to public accommodations include the following (in all new facilities, and where "feasible" in existing ones): . One designated parking space for the disabled must be provided for every 25 or fewer spaces (a lesser ratio applies if there are more than 100 total spaces); . Hotels and motels must have 5% of rooms accessible to wheelchairs and another 5% must be equipped with such devices as visual alarms for the hearing-impaired, for instance; . Access ramps must be in place where the floor level changes more than half an inch; . Elevators must be provided in 3-story or taller buil- dings and in those with over 3,000 square feet per story; . In retail and grocery stores, checkout aisles must be at least 36 inches wide (wide enough for wheelchairs); . Theaters and similar places of assembly for 50 or more people must have at least 3 wheelchair spaces dispersed throughout the seating area; . And many other similar requirements.... The new public access requirements became effective for all employers of (any size) on January 26, 1993. TAX INCENTIVES FOR REMOVING ARCHITECTURAL BARRIERS Companies spending money to remove architectural and trans- portation barriers to the disabled can deduct up to $15,000 a year of such expenses. (I.R.C. Sec. 190.) In addition, small firms (those with gross receipts under $1 million or fewer than 30 full-time employees), who spend between $250 and $10,250 a year on access for the disabled, can claim a tax credit for up to 50% of the cost of such expenditures (a maximum annual credit of $5000). (I.R.C. Sec 44) NOTE: For more information on the Americans with Disabili- ties Act, call the U.S. Department of Justice's information line, at (202) 514-0301.