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PUBLIC LAW 101–336, JULY 26, 1990 104 STAT. 327
Public Law 101–336 101st Congress
AN ACT
To establish a clear and comprehensive prohibition of discrimination on the basis of disability.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
SECTION 1. SHORT Title: TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the "Americans with Disabilities Act of 1990." 42
USC 12101 note.
SEC. 101. DEFINITIONS.
As used in this title:
(1) COMMISSION.—The term "Commission" means the Equal Employment Opportunity Commission established
by section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).
(2) COVERED ENTITY.—The term "covered entity" means an employer, employment agency, labor organization,
or joint labor-management committee.
(3) DIRECT THREAT.—The term "direct threat" means a significant risk to health or safety of
others that cannot be eliminated by reasonable accommodation.
(4) EMPLOYEE.—The term "employee" means an individual employed by an employer.
(5) EMPLOYER.—
(A) IN GENERAL.—The term "employer" means a person engaged in an industry affecting commerce
who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current
or preceding calendar year, and any agent of such person, except that, for two years following the effective
date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or
more employees for each working day in each of 20 or more calendar weeks in the current or preceding year,
and any agent of such person.
(B) Exceptions.—The term "employer" does not include—
(i) the United States, a corporation wholly owned by the government of the United States, or an Indian
tribe; or (ii) a bona fide private membership club (other than a labor organization) that is exempt from
taxation under section 501(c) of the Internal Revenue Code of 1986.
(6) ILLEGAL USE OF DRUGS.—
(A) IN GENERAL.—The term "illegal use of drugs" means the use of drugs, the possession or distribution
of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). Such term does not include the
use of a drug taken under supervision by a licensed health care professional, or other uses authorized
by the Controlled Substances Act or other provisions of Federal law.
(B) Drugs.—The term "drug" means a controlled substance, as defined in schedules I through V
of section 202 of the Controlled Substances Act.
(7) PERSON, ETC.—The terms "person," "labor organization," "employment agency,"
"commerce," and "industry affecting commerce," shall have the same meaning given such
terms in Sections 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
(8) QUALIFIED INDIVIDUAL WITH A DISABILITY.—The term "qualified individual with a disability"
means an individual with a disability who, with or without reasonable accommodation, can perform the essential
functions of the employment position that such individual holds or desires. For the purposes of this title,
consideration shall be given to the employer’s judgement as to what functions of a job are essential,
and if an employer has prepared a written description before advertising or interviewing applicants for
the job, this description shall be considered evidence of the essential functions of the job.
(9) REASONABLE ACCOMMODATION.— The term "reasonable accommodation" may include—
(A) making existing facilities used by employees readily accessible to and usable by qualified individuals
with disabilities; and
(B) job restructuring, part time or modified work schedules, reassignment to a vacant position, acquisition
or modification of equipment or devices, appropriate adjustment or modifications of examinations, training
materials or policies, the provision of qualified readers or interpreters, and other similar accommodations
for individuals with disabilities.
(10) UNDUE HARDSHIP.—
(A) In general.—The term "undue hardship" means an action requiring significant difficulty or
expense, when considered in light of the factors set forth in subparagraph (B).
(B) Factors to be considered.—In determining whether an accommodation would impose an undue hardship on
a covered entity, factors to be considered include—
(i) the nature and cost of the accommodation needed under this Act;
(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable
accommodations; the number of persons employed at such facility; the effect on expenses and resources,
or the impact otherwise of such accommodation upon the operation of the facility;
(iii) the overall financial resources of the covered entity; the overall size of the business of a covered
entity with respect to the number of its employees; the number, type, and location of its facilities;
and
(iv) the type of operation or operations of the covered entity, including the composition, structure,
and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal
relationship of the facility or facilities in question to the covered entity.
SEC. 102. DISCRIMINATION.
(a) GENERAL RULE.—No covered entity shall discriminate against a qualified individual with a disability
because of the disability of such individual in regard to job application procedures, the hiring, advancement,
or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges
of employment.
(b) CONSTRUCTION.—As used in subsection
(a), the term "discriminate" includes—
(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects
the opportunities or status of such applicant or employee because of the disability of such applicant
or employee;
(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting
a covered entity’s qualified applicant or employee with a disability to the discrimination prohibited
by this title (such relationship includes a relationship with an employment or referral agency, labor
union, an organization providing fringe benefits to an employee of the covered entity, or an organization
providing training and apprenticeship programs);
(3) utilizing standards, criteria, or methods of administration—
(A) that have the effect of discrimination on the basis of disability; or
(B) that perpetuate the discrimination of others who are subject to common administrative control;
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