ADA Fact Sheet: Classification & Compensation: University of Vermont

ADA Fact Sheet

Title I of the Americans with Disabilities Act (ADA), requires the fair treatment of "qualified individuals with disabilities." Such a person is "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions..." of the job. For the purpose of ADA, "essential functions" are job duties that are "fundamental" and not "marginal."

The underlying premise of this title is that persons with disabilities should not be excluded from job opportunities unless they are actually unable to do the job. In order to ensure a match between job criteria and an applicant's ability to do the job, the ADA requires that:

persons with disabilities not be disqualified because of the inability to perform nonessential or marginal functions of the job;
any selection criteria that screen out people with disabilities be job-related and consistent with business necessity
reasonable accommodation be provided to assist persons with disabilities to meet legitimate job criteria

The ADA does not require employers to maintain job descriptions, but written job descriptions prepared before advertising or interviewing applicants for the job are relevant evidence in determining whether a particular function is essential or marginal.

Other evidence of whether or not a particular function is essential includes:

employer's judgment about which functions are essential
amount of time spent performing the function
consequences of not requiring the incumbent to perform the function
terms of a collective bargaining agreement
work experience of present or past employees in the job

Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:

acquiring or modifying equipment or devices
job restructuring
part-time or modified work schedules
reassignment to vacant position
adjusting or modifying examinations, training materials, or policies