FIRST FRIDAY COFFEE SPEAKER DISCUSSES DISABILITIES ACT

The last phase of implementation of the federal Americans with Disabilities Act will begin July 26, members of the Chamber of Commerce were told Friday at their monthly First Friday Coffee.

"The ADA job requirements are based on a person's ability to perform job functions," explained Karen Cain of the St. Louis-based Crawford Health and Rehabilitation Services.

She pointed out that there are 87.5 million people disabled in some way that could be in the work force.

One of the things that is important under ADA, Cain said, is the definition of qualified individual with disability. "They have to tell you they need a reasonable accommodation ... they must tell you what their needs are."

Another definition is "essential function," which outlines the things that need to be done in performing a job that an employer has to offer.

Reasonable accommodations are practical things an employer can do to help meet the needs of a disabled person so they could perform a certain job.

"That could be as simple as changing a work schedule if it takes longer for the person to prepare to go to work in the morning," said Cain.

Cain stressed that the law takes into account undue hardships that can be imposed on employers by having to accommodate someone with special needs.

"This is based on what is reasonable to your building and income," Cain said. "For example, you don't have to put in an elevator for one person to get into your business."

But Cain pointed out that issues like reasonable accommodation and undue hardships are determined on a case-by-case basis.

Another consideration is "direct threat," whereby a job applicant could pose a threat to the safety of co-workers if they were hired for a certain job.

Some advice Cain had for employers to help in complying with the act is to have written job descriptions; review hiring procedures, application procedures, and pre-employment evaluations to insure everyone is treated the same; make sure temporary employment agencies you use comply with ADA; and train supervisors on how to conduct job interviews.

Cain said most parts of the law do not apply to businesses with less than 15 employees.

Sen. Peter Kinder, who was at the meeting, pointed out that compliance with ADA has been very costly for many governments as well as businesses. He also contended that many of the case-by-case decisions could be undue hardships on employers.

He noted that the city of Fulton has had to pass a sales tax to bring its buildings up to ADA guidelines, adding that the state of Missouri is one lawsuit away from being forced to comply immediately with the law.

Kinder said such a court order could cost the state more than $2 billion.