The Impact Of The Americans With Disabilities Act (Ada) - Title I - On Small Businesses

The Impact of The Americans with Disabilities Act (ADA) - Title I - on Small businesses

Abstract

One unique problem that small businesses face is compliance with federal regulations dealing with disability rights. The purpose of our research paper is to share information with instructors, students, managers, and small entrepreneurs regarding the topic of the Americans with Disabilities Act (ADA), Title I, requirements. We will respond to key ADA Title I questions, such as: What is the ADA, Title I? Who is protected under the ADA Title I? Who is covered under the ADA Title I? What obligations does the employer have under the ADA? What rights do employees with disabilities have? What are the incentives for small businesses that hire people with disabilities? What legal defenses do employers have when dealing with employees with disabilities? And, what impact does the ADA have on small businesses?

After considering the different topics we were provided by our instructor for research, our team group decided to write about the impact that the Americans with Disabilities Act (ADA) of 1990 has made on small businesses. The ADA law requires employers and businesses serving the general public to make necessary changes in their facilities and policies to accommodate people with disabilities. We will provide our audience, instructors, students, and small entrepreneurs with information regarding State and federal requirements to be met under the ADA when dealing with employees with disabilities in a complete diversified workforce.

As per Dun Bradstreet (D&B), the leading provider of global business information, small businesses are the foundation of the American economy and face a unique set of problems that continually challenge their ability to be successful. D&B is the leading provider of global business information and technology that has been assisting businesses-to-business commerce for nearly 160 years. (Dan & Bradstreet and Intuit to Offer New Suite of Online D&B Services to Small Business Owners, 2001).

What constitutes a small business as per D&B? A small business or concern is defined by the Small Business Act (SBA) of 1996, as the business that is independently owned and operated and which is not dominant in its field of operation. The definition of small business is based on established standards that depend on the concern’s size, tangible net worth, and average net income. A business is a very small business if it has no more than 15 employees and its average annual receipts do not exceed $1,000,000.

What is the ADA, Title I? The ADA is a federal mandate passed by Congress in 1990. The ADA follows the same objectives of the Civil Rights of 1964. The Civil Rights of 1964 opened the doors of opportunities for minorities and women, and the ADA of 1990 opened the door of opportunities for people with disabilities. The ADA, with its four titles, prohibits discrimination-based on disability in the areas of employment, State and local government activities, transportation, public accommodations, and communications (USDOJ, 2005).

Under Title I, Employment, the ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.

Under Title II, State and Local Government Activities, covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II includes public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails,) etc.

Under Title III, Public Accommodations, covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities.

Under Title IV, Telecommunications Relay Services addresses telephone and television access for people with hearing and speech disabilities. It requires telephone companies to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week.

Who is protected under the ADA Title I? Under the ADA, Title I, any person with a physical or mental impairment that substantially limits one or more of the major life activities is considered an individual with a disability. Protected under this title are individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires, such person is considered a qualified individual with disability.

Who is covered under the ADA Title I? Under the ADA Title I, a covered entity is the label that defines any employer, employment agency, labor organization, or joint labor management committee that is regulated by this title. Excluded from the definition of covered entity are the United States, as a corporation or employer owned by the government of the United States, or an Indian Tribe, or a bona fide private membership club, that is exempt from taxation under section 501 (c ) of Title 26 of the Internal Revenue Code of 1986. Under the ADA, Title I, covered identities cannot discriminate against individuals on the basis of disabilities.

What obligations does the employer have under the ADA? The employer must provide reasonable accommodations that might be needed in order to complete a task. This may include modifying equipment or devices, job restructuring or work schedules. There are also employment practices the ADA monitors. Such practices include recruitment, firing, hiring, training, assignments, promotions, pay and benefits and so on. Moreover, the Equal Employment Opportunity Commission (EEOC) conducts an active technical assistance program to promote voluntary compliance with the ADA. This program is designed to help employers understand their responsibilities and assist people with disabilities to understand their rights and the law.

What rights do employees with disabilities have? Protected under Title I are only individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires, such person is considered a qualified individual with disability (EEOC, 2005). A qualified individual with a disability is the one who has the education, skills, experience, and any other job-related