Are there any special exceptions to the Americans with Disabilities Act?
Yes, there are special exceptions to the Americans with Disabilities Act (ADA) within the state of North Carolina. Generally, the ADA applies to businesses and organizations that have 15 or more employees. However, North Carolina provides an exception to this rule; any business or organization with at least 5 employees, but less than 15, must follow the ADA as well. North Carolina also provides several other specific exceptions to the ADA. For example, employers may not be required to provide reasonable accommodations if such measures would lead to an “undue hardship.” Additionally, under the ADA, employers may not be compelled to change the “essential functions” of a position, although they may need to make reasonable accommodations to allow an employee to perform those duties. Beyond these two general exceptions, North Carolina also provides several other specific exemptions. These include exemptions for religious organizations, businesses that are not “public accommodations,” and certain private clubs or organizations. Finally, the ADA also provides special considerations for employers in North Carolina who provide services, goods, and programs that are deemed “publicly funded.” These employers are not obligated to comply with the ADA but must still make reasonable efforts to make their services accessible to disabled individuals. By following these laws, employers can help ensure that the rights of disabled individuals in North Carolina are respected and legally protected.
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