Americans With Disabilities Act (ADA)
A federal statute passed in 1992, primarily aimed at preventing discrimination
in hiring persons having a "disability" as defined by the Act. Under the ADA,
employers must afford job applicants equal opportunity (i.e., evaluating an
applicant solely on his/her ability to perform the essential functions of a
job, regardless of disability) and make reasonable accommodations to allow disabled
employees to perform job functions. However, employers are relieved from the
reasonable accommodation requirement if it creates an "undue hardship," such
as excessive costs or considerable work disruption. Alleged violations of the
ADA are one of the leading perils covered by employment practices liability
insurance (EPLI) policies. Title III of the ADA is concerned with making public
and commercial buildings physically accessible for disabled persons. It imposes
remodeling and reconstruction requirements on some organizations that vary depending
on the primary use of each building. Some of the requirements apply regardless
of whether the building in question must be remodeled or rebuilt for reasons
other than ADA compliance. Accordingly, the ordinance or law exclusions in 1995
and later edition ISO commercial property forms contain language intended to
make it clear that there is no coverage for the cost of compliance with the
ADA.
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CPI V.T;
IWC XIII.H;
PLI XXI.B