Summary of Federal Laws

Employment

Equal Employment Opportunity

Americans with Disabilities Act of 1990 (ADA)

42 U.S.C. §§ 12101-12213, 47 U.S.C. §§ 225 and 611;

29 C.F.R. Part 1602.1 et seq., 1630.1 et seq., 1640.1  and 1641.1;

56 Fed. Reg. 35,726-35,756 (July 26, 1991)

The Law:  Title I of the ADA prohibits employment discrimination against a qualified individual with a disability.  The law requires that reasonable accommodations be made to allow the employee to perform the essential functions of the job, or to assist the employee in the application process if necessary.  The ADA contains strict confidentiality requirements for medical information related to employee's disabilities.  The law also contains requirements for elimination of physical barriers to access.  See also the Architectural Barriers Act of 1968, 42 U.S.C. § 4151 et seq., which governs requirements for handicap access to buildings constructed, altered or leased with federal funds.  The Uniform Accessibility Standards (UFAS) are found at 41 C.F.R. Part 101-19.6.  For modifications to programs and services under Title III of the ADA, see Americans with Disabilities Act of 1990 in the section of this summary on Non-Discrimination with Respect to Students.

 

ADA Accessibility Guidelines for Buildings and Facilities, Architectural Barriers Act (ABA) Final Rule

69 Fed. Reg. 44083, July 23, 2004 

In this final rule, effective September 21, 2004, The Architectural and Transportation Barriers Compliance Board (Access Board) is revising and updating its accessibility guidelines for buildings and facilities covered by the Americans with Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 1968 (ABA). These guidelines cover new construction and alterations and serve as the basis for enforceable standards issued by other Federal agencies.
The ADA applies to places of public accommodation (this includes private educational institutions), commercial facilities, and State and local government facilities. The ABA covers facilities designed, built, altered with Federal funds or leased by Federal agencies. As a result of this revision and update, the guidelines for the ADA and ABA are consolidated in one Code of Federal Regulations part, 36 CFR Part 1191. The Access Board has sought to harmonize the Guidelines with industry standards, particularly ANSI A117.1 standard and the International Building Code.

 

Advisory notes in the rule are provided for informational purposes only, and are not mandatory. The play areas and recreational facilities guidelines have been integrated into this final rule. Neither the proposed rule nor the draft final rule included provisions for multiple chemical sensitivities or electromagnetic sensitivities. Comments were received that urged the Board to address the acoustical performance of buildings and facilities, in particular school classrooms and related student facilities. The preamble mentions ASA/ANSI S12.60-2002, Acoustical Performance Criteria, Design Requirements and Guidelines for Schools and notes that this standard is voluntary unless referenced by a code, ordinance, or regulation.

 

Corrections to final rule; 70 Fed. Reg. 45283, Aug. 5, 2005

These are correcting amendments to the above final rule, effective Sept. 6, 2005.

 

Recordkeeping:  Institutions of higher education are required to preserve any personnel or employment record for a period of two years from the date of the making of the personnel action or record involved, whichever is later.  See 29 C.F.R. § 1602.49.  In addition, all records necessary for the completion of Fall staff survey of the Integrated Postsecondary Education Data System (Form IPEDS) (in place of the Higher Education Staff Information Report EEO-6) must be kept for three years.  For the full history of this see Record Keeping and Reporting Requirements for Independent Colleges and Universities , 2nd Edition, NACUA, edited by Joseph W. Ambash, with relevant paragraph below.*  See also 29 C.F.R. § 1602.48.  An institution is required to keep certain adverse impact data for two years after elimination of the adverse impact.  See 46 C.F.R. § 60-3.

 

Produce and File Report:  The Fall staff survey Form IPEDS (in place of the EEO-6) must be produced biennially, filed with the National Center for Educational Statistics,  and a copy kept for three years.  Note that the form does not ask any questions on disability, but the heading of the regulations groups the ADA and Title VII together for the purpose of what records are to be kept.

Notification:  Notification to employees and applicants of the ADA policy is required.

 

Grievance Procedure:  While this provision technically falls under 29 U.S.C. § 794, note that any recipient of federal financial assistance that employs 15 or more persons shall designate at least one person to coordinate its efforts to comply with the Rehabilitation Act of 1973, and shall adopt grievance procedures that incorporate appropriate due process procedures and that provide for the prompt and equitable resolution of complaints.  This provision is included here under ADA because these two laws have become intertwined in the minds of many.  See 34 C.F.R. § 104.7.  Note, however, that grievance procedures need not be established with respect to complaints from applicants for employment.

 

 

  Click for Selected ADA Case Law

 

Resources

 

EEOC Guide Veterans with Service-Connected Disabilities and the ADA: A guide for Employers:
Explains the difference between USERRA and the ADA, and gives very practical advice on what can and cannot be done by employers hiring and recruiting veterans with disabilities.

ADA Accessiblity Guidelines Homepage
July 26, 2005 EEOC Enforcement Guidance on ADA and Cancer
EEOC Enforcement Guidance and Related Documents
EEOC Compliance Manual
EEOC Regulations
Department of Justice home page on the ADA.
EEOC site containing the text of the ADA.
ACCESS FOR ALL, A Guide for Implementing the ADA was produced by the Cornell University Program on Employment and Disability
July 1999 U.S. EEOC "Instructions for Field Officers: Analyzing ADA Charges After Supreme Court Decisions Addressing ‘Disability’ and ‘Qualified’."
Reasonable Accommodations for Attorneys with Disabilities: Provided by the U.S. Equal Opportunity Commission
NACUA Resource Page on ADA/FMLA (password protected for NACUA members)

 

 

* From Second Edition of Record-Keeping and Reporting Requirements for Independent and Public Colleges and Universities, edited by Joseph W. Ambash available from NACUA.

"Pursuant to Title VII and the Americans With Disabilities Act ("ADA"), 42 U.S.C. §§ 12101, et seq., the Equal Employment Opportunity Commission ("EEOC") has promulgated specific record-keeping and retention procedures relating to the composition of a work force according to race, ethnicity, sex and disabilities, as defined under the law. See 29 C.F.R. §§ 1602.7 - 1602.27. Prior to 1993, institutions were required to maintain all records and information therefrom, "which were . . . necessary for the complet[ion] of Higher Education Staff Information Report, EEO-6." Id. at § 1602.48. The EEO-6 was filed biennially by every institution that had 15 or more employees. 29 C.F.R. § 1602.50.

Beginning in 1993, the Department of Education, National Center For Education Statistics (NCES), assumed the responsibility of compiling all information previously submitted on the EEO-6 onto a new reporting form -- the Integrated Post Secondary Education Data System Survey (IPEDS). The IPEDS thus replaced the EEO-6 report formerly required by EEOC. Institutions must now submit the IPEDS to the NCES on a biennial basis.

Retention. All records used to complete the EEO-6 or the IPEDS, and the information therefrom, must be retained for a period of three years "at the central administrative office of [the institution], at the central administrative office of a separate campus or branch, or at an individual school which is the subject of the records and information, where more convenient." 29 C.F.R. § 1602.48."

 

 

 

 

updated 4/22/08 to add EEOC Guide on ADA and Disabled veterans