Can policies with adverse effects on disabled individuals be challenged under the ADA?

• A. No; policies are always allowed to have adverse effects if neutral.
• B. Yes; if policy discriminates or fails to provide reasonable accommodations, it may violate the ADA.
• C. Yes; but only if it affects a large portion of employees.
• D. Yes; all policies with any adverse effect are violations.

Answer: (B)

Disability discrimination in employment includes more than outright bias; it covers policies that have the effect of excluding or disadvantaging people with disabilities. A policy can be challenged under the ADA if it discriminates against a qualified individual with a disability or if it fails to provide a reasonable accommodation that would allow them to meet job requirements. The law requires employers to make reasonable accommodations unless doing so would cause an undue hardship, and it looks at whether a neutral policy disproportionately harms disabled employees or applicants. If a policy imposes a barrier that could be removed with a reasonable accommodation, and no such accommodation is provided, that can violate the ADA. However, a policy may be permissible if it is job-related and necessary for business and there are no feasible accommodations.