ADA (Americans With Disabilities Act)

What is ADA (Americans With Disabilities Act)?

The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination based on disability. For government contractors, the ADA not only dictates their employment practices but also influences the accessibility of their products and services offered to the federal government. Compliance with the ADA is often a prerequisite for securing and maintaining government contracts.

Definition

The ADA, enacted in 1990, has several titles, including Title I (Employment), Title II (State and Local Government Services), and Title III (Public Accommodations). Government contractors are most directly affected by Title I, which prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, advancement, or discharge, employee compensation, job training, and other terms, conditions, and privileges of employment. Furthermore, if a government contractor provides services to the public on behalf of the government, Titles II and III regarding accessibility become relevant. The regulatory basis for ADA compliance related to federal contracting extends to Section 508 of the Rehabilitation Act, which ensures electronic and information technology developed, procured, maintained, or used by the federal government is accessible to people with disabilities. Ignoring ADA requirements can lead to legal repercussions, loss of contract opportunities, and reputational damage.

Key Points

• Employment Non-Discrimination: Contractors cannot discriminate against qualified individuals with disabilities in any aspect of employment.
• Reasonable Accommodations: Contractors must provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship to the business.
• Accessibility Standards: Contractors providing goods or services to the government must adhere to accessibility standards, ensuring usability by individuals with disabilities.
• Section 508 Compliance: Contractors must ensure that electronic and information technology meets Section 508 accessibility requirements when providing these technologies to the federal government.

Practical Examples

1. IT Accessibility: A software development firm bidding on a contract to develop a new government website must ensure the website complies with Web Content Accessibility Guidelines (WCAG) to be accessible to users with visual, auditory, motor, and cognitive disabilities. This includes features like alternative text for images, keyboard navigation, and captions for videos.
2. Reasonable Accommodation: A defense contractor employs a veteran with a mobility impairment. To ensure the employee can perform their essential job functions, the contractor provides a specialized ergonomic workstation, adjusted work schedule and accessible parking.
3. Equal Employment Opportunity: A construction company bidding on a government infrastructure project actively recruits individuals with disabilities. They ensure the job application process is accessible, and qualified candidates with disabilities are given equal consideration for all positions.