What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act (ADA) is a federal law that prohibits employers from discriminating against employees and potential employees due to their disability. The ADA applies to all employers in the US with 15 or more employees, including state and local governments, employment agencies, and labor unions. In California, employers must comply with both the ADA and with the California Fair Employment and Housing Act (FEHA). This means employers in the state are prohibited from discriminating against applicants and employees with disabilities in hiring, firing, promotions, wages, and other employment policies. The ADA requires that employers provide reasonable accommodations for employees with disabilities so that they can perform the essential job duties. For example, this could include providing a specialized keyboard for an employee with limited manual dexterity or making interpreters available for a worker whose primary language is different from that used in the workplace. The ADA also requires that employers make their premises accessible to those with disabilities. This includes making modifications to physical structures, such as ensuring there are ramps or elevators and widening doorways, as well as providing access to communications and services in the workplace. Employers who violate the ADA can face civil penalties, including back pay, front pay, and compensatory and punitive damages. Additionally, employees may be able to file a lawsuit against the employer if they are subject to discrimination. It is important for employers in California to be aware of their obligations under the ADA as well as state laws in order to ensure compliance.

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