Abstract
The Americans with Disabilities Act is new federal legislation prohibiting discrimination against disabled individuals in employment and in the provision of goods, services, and facilities in public accommodations. Since nearly all hospitality establishments are covered by the Act's requirements, the new law has the potential to require significant changes in the way hospitality operators do business.
Among necessary considerations for hospitality employers under the Act are whether a particular applicant or employee is "disabled," whether the person is "qualified" for the job in question, what the "essential" functions of the job are, what constitutes "reasonable accommodation" of the disabled individual, and whether a particular accommodation constitutes an "undue hardship" for the employer.
Among necessary considerations for hospitality operators under the Act are what modifications are necessary to remove architectural barriers for disabled patrons and whether the modifications in question are "readily achievable," what auxiliary aids are necessary to improve provision of services to disabled patrons and whether they constitute an "undue burden,"and the stricter standards applicable to alterations and new construction. Key Words: Americans with Disabilities Act, employment, hospitality, discrimination, customer service.
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