Chapter § 3-5 § 1630.5. Limiting, Segregating, and Classifying

• Jurisdiction: United States

3-5 § 1630.5. Limiting, Segregating, and Classifying

It is unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability.

3-5:1 Commentary

This provision harkens back to the segregation by race that Title VII was designed to eliminate. Thus, the following actions would violate the ADA.

v Limiting the duties of an employee based upon a patronizing approach of what an employer believes is best for the employee or a presumption about the tasks an employee with a particular disability can perform.
v Reassigning employees with a disability, even as a reasonable accommodation, to certain isolated facilities or installations.
v Providing separate break rooms.
v Providing different access to health insurance. But it is permissible to limit an

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