Americans with Disabilities Act: one in ten Utahns has a physical or mental disability.

• Author: Smith, Cheryl
• Position: Outline of Utah's Americans with Disability Act regulations

Americans with Disabilities Act

As an employer you will likely review a disabled person's qualifications in a job interview. Not considering the individual for the job because of a disability is now illegal.

When the new Americans with Disabilities Act (ADA) goes into force next July, proponents hope it will literally open doors for 43 million Americans who have physical and mental disabilities, people who comprise the largest minority group in the country and the largest number of unemployed.

"Now that the ADA is in place, the Salt Lake Area Chamber of Commerce is trying to help members learn what they need to do to comply," said Patricia Simmons, director of government affairs for the Chamber.

And the U.S. Chamber is now working with the President's Committee on Employment of People with Disabilities to implement the ADA. "On the positive side, the law promises to promote greater workforce participation by disabled individuals, enhancing the ability of employers to find qualified workers," commented Nancy Fulco, U.S. Chamber attorney in Washington, D.C. "Also, disabled individuals who are fully employed will provide additional stimulus to the economy as consumers and users of services."

Using Existing Definitions

Signed into law 26 years after the nation's first Civil Rights Act, the ADA extends federal discrimination protection to people with disabilities. To make the law easier to understand and to implement, the authors of the ADA used the identical terms and definitions of two existing civil rights laws - Section 504 of the Rehabilitation Act of 1973 and the 1964 Civil Rights Act. For 18 years, Section 504 has required all entities that receive federal funds to make their facilities accessible to all people eligible to receive the facility's service.

"The premise of the ADA is not new," said Sherry L. Repscher, executive director of the Utah Governor's Committee for Employing People with Disabilities, a position she's held for 11 years. "The language, definitions, and remedies have been in force for more than 15 years and have a proven track record," she said in response to opposing views that the ADA will open up a whole new arena for lawsuits against employers.

"The ADA is the legal teeth that we need in order to include all people in the mainstream of American life," reported Repscher. "It doesn't force employers to hire disabled people, but requires them to hire the most qualified person for the job," she explained.

"The main focus of ADA is the inclusion of people with disabilities, some you'd walk up to and never realize they have a disability unless they told you," said John Pinter, president of the Easter Seal Society of Utah. "The idea from advocates is, let's include people in American life; the overall community is better for having disabled people in the community rather than segregating them."

Who Must Comply

Businesses with 25 or...