Americans with Disabilities Act and Employment Practices in Construction

Abstract

The Americans with Disabilities Act (ADA) represents a landmark antidiscrimination legislation. It gives civil rights protection to individuals with disabilities that is parallel to previous civil rights legislation. ADA is composed of five titles (sections), of which Title I deals with employment issues. Title I requires employers to give qualified individuals with disabilities the same consideration for employment that individuals without disabilities are given. This portion of the law is of special concern to the construction industry. Employers have to provide reasonable accommodations so that a qualified individual with a disability can perform the essential job functions. This paper examines the provisions of Title I of ADA and the employment process in the construction industry. A stepwise approach to compliance is described and key compliance issues are identified. ADA is an issue for everyone in the industry, including human‐resources managers and engineering and field site personnel. It is a law, and failure to comply with it can be costly. Action must be taken now to comply with the ADA.