Complying with the ADA: A Small Business Guide to Hiring and Employing the Disabled / Edition 1

Complying with the ADA: A Small Business Guide to Hiring and Employing the Disabled / Edition 1

by Jeffrey G. Allen
     
 

ISBN-10: 0471590495

ISBN-13: 9780471590491

Pub. Date: 02/18/1993

Publisher: Wiley

It just got easier to comply with the provisions of the Americans with Disabilities Act… Specially designed to serve the practical needs of small business owners and managers who can’t afford high-powered lawyers to interpret the ADA’s provisions, this penetrating new handbook shows exactly how to meet the ADA’s guidelines on hiring and…  See more details below

Overview

It just got easier to comply with the provisions of the Americans with Disabilities Act… Specially designed to serve the practical needs of small business owners and managers who can’t afford high-powered lawyers to interpret the ADA’s provisions, this penetrating new handbook shows exactly how to meet the ADA’s guidelines on hiring and employing—easily and economically. Complying with the ADA begins by discussing key provisions, focusing on who is protected, and specifying the many employment areas where discrimination is prohibited. This includes: job application procedures, compensation, and sick leave. The book provides real-world examples of actions by owners and managers that illustrate precisely what acts are prohibited, then it shows, step-by-step, how to comply with the law while meeting bottom-line objectives. Using this book, you’ll learn the way to satisfy the ADA’s provisions and your objectives, including:

  • 15 steps that ensure full compliance and enable you to develop a model company policy
  • Proven strategies that help you meet the ADA’s guidelines in every major area—from interviewing and testing, to routine management
  • Advice on economically making the workplace accessible under the ADA’s sweeping concept of "reasonable accommodation"
Along the way, Complying with the ADA provides you with thorough checklists of do’s and don’ts, sample job applications, model job descriptions, resource lists, and dozens of other practical ideas. Complying with the ADA will do more than just alert you to your liability. It will assist you in capitalizing on the potential of the qualified group of "disabled" Americans. With this book as your guide, you’ll see that complying with the ADA is more than obeying the law—it’s good business.

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Product Details

ISBN-13:
9780471590491
Publisher:
Wiley
Publication date:
02/18/1993
Series:
Small Business Series, #8
Pages:
210
Product dimensions:
9.00(w) x 6.00(h) x 0.63(d)

Table of Contents

Introduction1
Is the ADA Good for Business?1
Legislative History of the ADA3
Overview of Titles I through V4
Pt. 1Hiring the Disabled
1The Scope of Title I9
Who Is Regulated?9
Posting Requirements11
Who Is Protected?11
Who Are the Disabled?11
2Areas of Regulation in the ADA15
In What Areas of Employment Is Discrimination Prohibited?15
What Constitutes Employer Discrimination?16
What Are Your Defenses?22
Sensitizing the Workplace25
3Interviewing Strategies31
The Right Way to Gauge a Candidate's Suitability31
What You Can't Ask33
What You Can Ask34
Who Is a Job Applicant?36
The Job Application36
Recruiting Disabled Workers46
4Identifying Essential Job Functions48
The "Otherwise Qualified" Analysis48
The Essential Functions Analysis49
Writing Functional Job Descriptions52
Key Elements in a Job Description59
Job Restructuring59
5Enforcement of ADA Employment Regulations60
Remedies60
Enforcement - The Role of the EEOC and State Agencies61
Private Settlement with the Complainant63
The Investigatory Questionnaire63
The Fact-Finding Conference64
Handling Requests for Information64
The Conciliation Process68
The Administrative Hearing68
Statutes of Limitations70
Relationship of the ADA to Other Laws70
A Tide of Litigation?76
Typical Charges and Defenses76
Pt. 2Employing the Disabled
6Reasonable Accommodations under Title I83
What Is an Accommodation?84
Dealing with Unions89
The Accommodation Process90
Employer Defenses95
The Cost of Accommodation98
Managing Disabilities99
Tax Incentives102
7Title III and the Small Business Owner106
Overview of Title III106
Who Is Regulated under Title III?110
What Is a Place of Public Accommodation?111
What Is a Commercial Facility?112
Who Is Responsible - Landlord or Tenant?112
Special Accessibility Requirements for Entities Offering Tests and Courses113
Employer Defenses115
New Construction and Alterations118
Title III Remedies and Enforcement121
8ADA Accessibility Guidelines122
Standards for Existing Buildings122
Standards for New Construction and Alterations132
9Accommodating Specific Disabilities139
Lifting and Carrying139
Sitting141
Manual Tasks141
Mobility143
Hearing143
Seeing145
Mental Retardation146
10Some Common Questions and Answers about the ADA148
App. A. Situation Analyses155
App. B. Resources161
App. C. Titles I and III of the Americans with Disabilities Act177
Index203

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