The Americans with Disabilities Act (ADA) is celebrating its 20th anniversary since the passing of the law. Amendments to the ADA since its enactment became effective on January 1, 2009. To be protected by the ADA as amended, an individual must be able to show that he or she has a disability and is qualified for the job. Under the ADA as amended, a person can establish that he or she has a disability in one of three ways. The person with a disability must show that he or she has a mental or physical condition that substantially limits a major life activity including walking, talking, seeing, standing, or hearing; he or she has a history of a mental or physical condition; or he or she is believed to have a substantially limiting mental or physical condition.
Do you think that you have a disability under the ADA as amended? Do you know someone with a disability as described? Is it a visible disability? Is it a hidden disability? Can you perform the essential functions of your position, but need an accommodation? “Essential functions of the job,” “visible or hidden disabilities,” and “reasonable accommodations” are some of the terms relevant to the ADA as amended. If you have are in this position, you may have to disclose your disability if you have not already done so. Think twice however, about the amount of information that you disclose to your employer. Only disclose information relevant to the disability in which you need an accommodation. Do not give a history of every condition that you have ever experienced. Be careful!
If you have decided to disclose your disability, your employer can only ask you if you need a reasonable accommodation. Complete any forms that you may need to support your request for an accommodation. Provide supporting medical documentation of your condition in a clear and meaningful manner.
The key is to try to understand as much as possible about the ADA as amended and to seek help from your Human Resources Division, your Equal Employment Opportunity Division or from the U.S. Equal Employment Opportunity Commission in preparing your request for reasonable accommodation. Even if you have had prior experience in requesting a reasonable accommodation, don't go it alone. Have someone review your request as the reader may see something that you have omitted, made a mistake or not clearly explained.
Once you have submitted your request for a reasonable accommodation, be patient but proactive in pursuing your accommodation. Remember, you are only disclosing this information for the benefit of gaining one or more accommodations to assist you in performing the main or essential functions of your position.
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