A BRIEF SUMMARY OF YOUR RIGHTS UNDER THE
AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act ("ADA") covers "public entities." The Department of Labor and
Industry (Department) is a "public entity" covered by the ADA. The Department may not refuse to
allow a person with a disability to take the examination simply because the person has a disability. It
must permit persons with disabilities to take the examination in an integrated setting unless separate
or different measures are necessary to ensure equal opportunity. It must eliminate unnecessary
eligibility standards or rules that deny individuals with disabilities an equal opportunity to take the
WHO IS COVERED?
The ADA provides comprehensive civil rights protection for "qualified individuals with disabilities."
An "individual with a disability" is a person who: 1) has a physical or mental impairment that
substantially limits a "major life activity," 2) has a record of such an impairment, or 3) is regarded as
having such a impairment. "Major life activities" include functions such as caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Individuals who currently engage in the illegal use of drugs are not protected by the ADA when an
action is taken on the basis of their current illegal use of drugs.
A "qualified" individual with a disability is one who meets the essential eligibility requirements for the
examination. The Department is not required to take any action that would result in a fundamental
alteration in the nature of the examination or an undue financial and administrative burden.
However, the Department must take any other action, if available, that would not result in a
fundamental alteration or undue burdens but would ensure that individuals with disabilities receive
the benefits or services.
WHAT IS REQUIRED?
The Department is required to make reasonable modifications in any policies, practices, and
procedures that deny equal access to