JOE ZESSKI: Hello and welcome to the Ask About the ADA Podcast, where we answer your questions about the Americans with Disabilities Act. In this episode, we're going to tackle two questions that are related to employment and people with disabilities. So let's start right away.
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And here's our first question. "Does the Americans with Disabilities Act make it unlawful to fire a person with a disability?" We do get this question at the Northeast ADA. And the short answer is no, the ADA does not. A person with a disability can be terminated if the reason is not related to their disability. And of course, if the person is not meeting the essential requirements of their job, that could be another reason for termination.
Keep in mind, though, that a person with a disability may require a reasonable accommodation in order to do the essential job functions-- in other words, the essential tasks that are associated with a job. And so before any action is taken, that should be something that should be taken under consideration. Is there a reasonable accommodation that would allow this person to do their essential tasks?
Another reason could be if that individual's disability would pose a direct threat to the health or safety of others in the workplace. Something else to be mindful of, though, particularly in terms of direct threat, is that any such decision must be based on factual evidence and not on assumptions or assumed risk. And certainly, there's a lot more behind health and safety and direct threat that goes beyond just this question. So keep in mind that any such claim must be based on factual evidence and not assumptions.
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Now here's our second question and it also is from the employer's perspective. "Does an employer have to lower the performance or production standards for an employee with a disability?" The answer here is again no. It is pretty clear under the ADA. An employer can maintain the same standards in terms of production and performance for an employee with a disability as they would for an employee without a disability.
Again, keep in mind that this may mean that the employee with a disability may need a reasonable accommodation-- in other words, a change in the way they do their job or perhaps a tool in order to perform their essential job functions. However, they can be held to the same standard as any other employee.
After all, the ADA is a civil rights law. It's about equal access, equal opportunity, and non-discrimination against people with disabilities. The law does not require an employer to reduce productivity or performance standards or levels in order to ensure non-discrimination. Again, the ADA is about equal opportunity.
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So again, this week's questions are about treating individuals with disabilities the same in terms of employment. They can be held to the same standards as their peers who do not have a disability. However, a person may require an accommodation in order to do their job.
If you have questions about this or other employment or other ADA-related issues, please contact us here at the Northeast ADA Center. You can call us at 1-800-949-4232. You can certainly visit our website, www.northeastada.org. And you can also follow us on social media on Facebook, LinkedIn, Twitter, and Instagram. And we look forward to hearing from you.
Thank you again to Chris Sweet, Technical Assistance and Outreach Specialist with the Northeast ADA, for writing this week's content. Thank you to Grace Fairchild, our student worker, who is our producer and also editor. Thank you to Michael Ward from the YTI Media Team for doing additional editing. I'm Joe Zesski, Program Manager at the Northeast ADA. Thank you for being part of the conversation today, let's keep it going.
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