NEW DISABILITIES LAW JOB BIAS RULES SET TO TAKE EFFECT

The second phase of the federal Americans With Disabilities Act banning job discrimination, which goes into effect Sunday, is again raising questions about what businesses must do.

The hiring and employment part of the law, effective Sunday, covers firms with 25 or more employees. The law will include those firms with 15 or more employees in July 1994.

The first portion of the Americans with Disabilities (ADA) law, which concerns making buildings accessible to people with handicaps, went into effect in January.

Robert Hendrix, president of the Cape Girardeau Chamber of Commerce, said a lot of confusion exists in the business community concerning the law.

"Nobody argues with the intent of the law," Hendrix said. "But it does create a lot of confusion, particularly in smaller businesses.

"They want to do what's right. The first question is what do we have to do, and then the second question is can we afford to do that?"

Harold Kuehle, Cape Girardeau County collector, serves on the Missouri Governor's Committee on Employment of People with Disabilities and has been an advocate of rights for the disabled.

"I continue to say, and really believe, it should never have had to be a law," Kuehle said. "These should be common sense things to people."

But he said even today some new buildings are being constructed to "just barely meet the minimal standards, but are not really accessible."

Progress is being made, Kuehle said. "Almost all the new franchises and businesses opening up are built to be accessible. And with all the accessible places, I just don't go to places that aren't accessible."

According to a handbook on the ADA published by the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice Civil Rights Division, the law "prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training and other terms, conditions and privileges of employment."

Kuehle said some business leaders have expressed concern about the cost of compliance with the law. But, he said, the law attempts to take the expense of making accommodations into consideration.

"So far we are not finding that (expense) to be a big problem," he said. "The average cost now there are exceptions is less than $500."

Kuehle said the accommodations must be "economically feasible and readily achievable."

For example, a small business with part of its operation in a basement area wouldn't have to relocate. "It would be too expensive to put in an elevator, and if there was no room for a ramp, that business would be exempt," he said.

The ADA prohibits discrimination against "qualified individuals with disabilities."

"A qualified individual with a disability is a person who meets legitimate skill, experience, education or other requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation," the handbook states.

"Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions."

Kuehle said "reasonable accommodations" usually mean refitting restrooms. "That's really the big items. In most buildings, restrooms were not configured to be handicap accessible. They were made to take up as little space as possible."

He said, "It might also mean lowering the work station, the CRT or the telephone."

The law also covers job applications and selection processes. But Hendrix said the new rules are causing some "consternation."

"What can we ask and what can't we ask in an interview?" Hendrix said. "Between this act and the civil rights act, we have to be extremely careful.

"A lot of personnel directors are very nervous and are boning up on what they can and cannot do."

Hendrix said business people fear that the law and its rules are too vague.

"What is reasonable accommodation? When is it economically feasible?" Hendrix asked.

"If we can figure out what has to be done, I think most people are willing to do it," Hendrix said. "Even here we will be doing some changes. These are probably things we should have done several years ago but never got around to doing."

He said the changes include making the chamber office and license bureau more accessible to the handicapped.

Hendrix said, "We've had a lot of calls from people asking questions."

Hendrix said the chamber office also has a lot of information about the law. "We just got another three inches in this morning," he said Thursday.

Kuehle said, "There is a massive amount of information available about what needs to be done."

For example, toll-free answers to questions about the ADA are available through the Great Plains Disability Business Technical Assistance Center. The phone number is 1-800-949-4232.

The center serves businesses consumer groups and governments, and can provide answers for specific or general questions and referrals for resources.

Also the Missouri Governor's Committee on Employment of People with Disabilities and the Missouri Division of Employment Security have published a self-evaluation guide for businesses to help them comply with the law, Kuehle explained.