AccessCollege

Which employers are covered by title I of the Americans with Disabilities Act?

According to the U.S. Equal Employment Opportunity Commission (EEOC), "The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.."

What are the Governors' Committees on Disability and Employment and what do they do?

Each governor in the United States has a committee that works with them to develop strategies to promote the employment of people with disabilities. Each committee works to create statewide effective use of rehabilitation programs and highlight best practices for hiring and promoting individuals with disabilities. Sometimes subcommittees are created to address specific barriers experienced by job seekers with disabilities such as accessible transportation, application materials, and work environments.

Does an employer have to give preference to a qualified applicant with a disability over other applicants?

No. According to the U.S. Equal Employment Opportunity Commission's website called The ADA (Americans with Disabilities Act): Questions and Answers, "An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to the existence or consequence of a disability." A detailed job description can be used to compare job candidate skills and experiences as they relate to the open position.

Must a service animal be certified?

The simple answer is no. According to the U.S. Department of Justice, businesses and organizations that serve the public have the right to ask a person who has an animal if it is a service animal. However, since the Americans with Disabilities Act (ADA) does not require that service animals be licensed or certified, they may not insist on proof of certification before permitting a service animal to accompany a person with a disability.

What federal laws in the U.S. protect the rights of people with disabilities?

The U.S. Department of Justice's Guide to Disability Rights Laws lists and summarizes the content of key federal legislation to protect the rights of individuals with disabilities. It includes information about the Americans with Disabilities Act, Telecommunications Act, Fair Housing Act, Air Carrier Access Act, National Voter Registration Act, Civil Rights of Institutionalized Persons Act, Individuals with Disabilities Education Act, Rehabilitation Act, and Architectural Barriers Act. It also includes links to additional resources.

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