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Americans with Disabilities Act (ADA) of 1990

A federal statute passed in 1990, 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 Insurance Services Office, Inc. (ISO), commercial property forms contain language intended to make it clear that there is no coverage for the cost of compliance with the ADA.

Links for IRMI Online Subscribers Only: CPI V.T; IWC XIII.H; PLI XXI.B


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