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Kim P. Nuckles
State ADA Coordinator

Building 1, Room E-119
1900 Kanawha Boulevard, East
Charleston, WV 25305

304-558-4331 x 57004 (Voice)
304-558-2999 (Fax)

Kim.P.Nuckles@wv.gov

Title I -- Employment Overview

Overview

Title I of the ADA prohibits employers from discriminating against individuals with disabilities in all employment practices – recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave, and all other employment related activities. These provisions are applicable to employers with more than 15 employees.

Employment discrimination is prohibited against "qualified individuals with disabilities." Under the ADA, a person has a disability if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Normally, the ADA does not cover people who have minor, non-chronic conditions of short duration such as a sprain, infection, or broken limb.

An individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodations. This means that the applicant or employee must:

  • Satisfy job requirements for educational background, employment experience, skills, licenses, and any other qualification standards that are job related; and
  • Be able to perform those tasks that are essential to the job, with or without reasonable accommodation.

The ADA does not interfere with the right to hire the best qualified applicant. Nor does the ADA impose any affirmative action obligations. The ADA simply prohibits employers from discriminating against a qualified applicant or employee because of his or her disability.

How is disability defined?
What are essential job functions?
What are reasonable accommodations?
When can I request a medical exam?
Who enforces Title I?