Americans With Disabilities Act -- Title I

Americans With Disabilities Act – Title I

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If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding Americans with Disabilities Act - Title I is brought to you as a public service by the lawyers of the State of Oregon. The material presented is intended to alert you to possible legal problems and solutions.

Title I of the ADA says that many employers cannot discriminate against a qualified person because of the disability of that person during job application procedures; hiring, advancement, or discharge; employee compensation; job training; or any otheraspects of employment.

How am I protected under Title I of the ADA?
To be protected under Title I of the ADA, you must have a physical or mental impairment that substantially limits one or more major life activities. For example, walking, seeing, speaking or hearing may be limited. You also could be protected if you have a record of such an impairment in your medical files. Another way you could be protected is if the employer thinks you are disabled. For example, if you have visible scars that do not impair you, you could be protected if you are regarded as being substantially limited. The final way you could be protected is if you are discriminated against because of your relationship or association with a person with a disability. For example, you cannot be denied health insurance by your employer because you have a child with a disability and the employer is concerned that its health insurance rates will go up.In addition to having a disability, you must be "qualified" for the position, either with or without reasonable accommodation, and be able to perform the essential functions of the job.

The term "reasonable accommodation" includes:

Making the facilities used by employees readily accessible to and useable by people with disabilities;
Restructuring the job, such as making it part-time, changing work schedules or reassigning the person to a vacant position;
Obtaining or modifying equipment or devices;
Adjusting exams, training materials or policies; and
Providing qualified readers or sign language interpreters.

An employer is required to provide reasonable accommodations to a qualified person with a disability unless the accommodation would be an "undue hardship" to the employer. An undue hardship means that the accommodation would be too difficult or expensive. Employers look at several things to determine if an accommodation is an undue hardship to their business. In general, a larger employer will be expected to make accommodations requiring greater effort or expense than would a smaller employer.

Can I be asked about a disability during the interview for a job?
No. An employer may not ask you about a disability or make you take a medical exam before you are offered a job. Employers may ask if you can perform specific job functions. The employer also may decide whether to offer you a job based on the results of a medical exam, but only if an exam is required for all entering employees in similar jobs. Employers can test for illegal drug use and may prohibit use of illegal drugs and alcohol in the work place. Employers may require that individuals may not pose a direct threat to the health and safety of others.

How do I make a complaint about disability discrimination?
The Equal Employment Opportunity Commission and the Oregon Bureau of Labor and Industries are the agencies that regulate and enforce employment discrimination laws. Complaints may be filed with the Equal Employment Opportunity Commission by calling 800- 669 4000, or with the Oregon Bureau of Labor and Industries Civil Rights Division by calling its office in Eugene, Medford, Pendleton, or Portland.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.