The Americans with Disabilities Act (ADA)

Under the Americans with Disabilities Act (ADA), disabled workers can remain on the job or be hired for jobs that they can perform with reasonable accommodation. This is a broad workers’ rights law that covers just about any workplace with 15 or more employees. 

The idea behind ADA is simple: wherever possible, employers are required to provide either a “reasonable accommodation” that allows disabled workers to perform their jobs at the same level as workers without a disability or transfer them to a vacant job they can perform.

Disabilities Defined

Under ADA, a person with a disability:

• has a physical or mental impairment that substantially limits one or more major life activities. This can either be apparent (problems walking; seeing; speaking, ec.) or “hidden” (hearing loss; HIV/AIDS; epilepsy; diabetes; etc.);
• has a record of such impairment (such as recovery from cancer or mental illness);
• is regarded as having an impairment—conditions that people often mistakenly believe are limiting (using a hearing aid; scars, burns or disfigurements; involuntary motions).

ADA simply requires that employers and unions figure out ways to keep disabled workers on the job—or to allow disabled workers to be hired like anyone else. The solution doesn’t have to be expensive, either—and, in some cases, can actually save the boss money.

In one case, a $65 electric screwdriver was all that was needed to keep a worker who had developed carpal tunnel (a repetitive motion injury) on the job. When everyone began using the electric screwdrivers, the company’s workers’ compensation costs dropped as well.

Accommodation can also be as simple as allowing a worker to sit down at his or her station by supplying a chair or lowering a work table. Headaches, caused by the glare of a computer screen, may be eliminated by the addition of an inexpensive anti-glare screen.

The ADA requires an employer to treat information concerning an employee’s medical condition and medical history as confidential. At the same time, the employer has a duty under the National Labor Relations Act to provide the Union with relevant information in order to better represent the membership. Where a conflict occurs, according to the General Counsel, the Labor Board “balances the Union’s need for the information against the assertion of confidentiality” and in cases that have come before it, generally has directed the employer and the Union to bargain and to accommodate both interests.

Does ADA provide a license for the employer to unilaterally circumvent negotiated seniority provisions, shift preference or job classifications? No. If an employee with a disability requests an accommodation that would involve a change in terms or conditions of employment, the employer must comply with the contract unless a change is negotiated with the union.

Working With ADA

Here are some guidelines:

• ADA does not require any form of bumping. Accommodation must be made to keep a worker in their old job—or, they must be placed in a vacant position.
• ADA is not a license for the employer to violate the contract to the detriment of another employee.
• Inform members about their rights under ADA and encourage them to work with the union if they’ll be seeking accommodation from the boss. Don’t wait, either. Talk with members who you think might benefit from ADA.

What’s “Reasonable?”

• Keep in mind that a “reasonable accommodation” does not have to be the best accommodation. While the “best” solution for a disabled member might be a vacant high-seniority job, an “accommodation” that keeps them in their current job is okay.
• Make sure you explore what’s possible. Often when people say “a job can’t be done that way” what they’re really saying is “I’ve never seen it done.” The fact that no one has ever sat down at a particular job does not mean that it can’t be done by someone who is sitting!

A Proactive Approach

The ADA provides a basis to creatively look for reasonable solutions that do not unduly impinge on the rights of anyone. A worker with a disability is not getting something special, but rather is getting an accommodation to enable him or her to counteract obstacles that have prevented them from fully using their talents and abilities. While only those individuals who are qualified and able to perform the essential functions of a job with reasonable accommodations are eligible for ADA’s protection, we can play a major role in asserting those rights.If used effectively, we can use ADA to strengthen our shop floor unity and the role INA plays in the lives of our members.

The Job Accommodation Network

Need some good advice about how a job could be changed to accommodate a disabled member?

The Job Accommodation Network (JAN), established under the ADA, offers free and effective advice on providing job accommodations.In nearly nine out of ten cases, JAN has provided innovative suggestions costing less than $1,000—advice that’s allowed disabled workers to return to the job, be hired for new positions, or be promoted.

The materials on this page were adapted from the United Electrical, Radio & Machine Workers of America, who ask that we share a link to this notice in exchange for recirculating this information.