Today, July 26, 2021, represents the 31st anniversary of the Americans with Disabilities Act of 1990. The ADA is one of the six most critical areas for employers, due to the complexity of issues, as well as possibility of steep penalties for non-compliance.
The Americans with Disabilities Act of 1990 was signed into law on July 26, 1990 by George H.W. Bush. The law was signed into law to ban discrimination on the basis of disability in employment, transportation, public services, public accommodation and telecommunications. In 2008, Congress passed the ADA Amendments Act of 2008, which reversed several Supreme Court decisions, as well as clarifying the definition of ‘disability.’
In the workplace, the EEOC states that the ADA makes it unlawful to discriminate in employment against a qualified individual with a disability. Under the ADA, all private employers, state and local governments, employment agencies, labor organizations, and labor-management committees are covered, which means each are required to follow the law and provide reasonable accommodation to employees upon request.
Failure to follow the ADA would place a business at risk for a large fine. For the first violation you may be fined up to $75,000 and for additional violations up to $150,000.
At myHRcounsel, we continue to help our clients each week with ADA related advice. We strongly encourage those with ADA accommodation requests to contact us through our Ask an Attorney Portal, so that your business avoids steep ADA related penalties.
For more information, we hosted a webinar about handling complex ADA accommodations, and avoiding costly litigation, which you can watch below. If you have any questions about the ADA or accommodations, please open up a ticket in our Ask an Attorney portal if you are a client of ours.