Employment Law Chronicle for Virginia & the District of Columbia

By way of background, E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) that allows employers to verify their employees' work eligibility. E-Verify aims to ensure that federal government contractors do not hire unauthorized immigrant workers. The E-Verify system cross checks information from the I-9 (Employment Eligibility Verification Form) used by employers with immigration and social security databases.

After considerable delay, beginning on September 8, 2009, most federal government contract solicitations and federal government contract awards will include a clause requiring federal government contractors to use E-Verify. Government contractors will have 30 days from the contract date to enroll in E-Verify.

As a practical matter, federal government contractors and subcontractors in Virginia, the District of Columbia, and nationwide should begin taking steps now for a smooth transition to the E-Verify system. DHS'
frequently asked questions and answers about the E-Verify system is a good place to begin getting up to speed.

The ADA requires covered employers to make a reasonable accommodation to the known disability of a qualified applicant or employee if the accommodation would not impose an "undue hardship" on the employer's business.

In general, undue hardship means an action that requires significant difficulty or expense, when considered in light of these factors:

(i) the nature and cost of the accommodation needed under the ADA;

(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;

(iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and

(iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered
entity.

The ADA protects employees or applicants who satisfy the test of being a "qualified individual with a disability," which means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job. If an employee or applicant satisfies the definition of being a qualified individual with a disability, then the employer must provide a reasonable accommodation unless doing so would impose an undue hardship on the employer's operations.

Continue reading "Disabilities Discrimination: Who is Covered by the Americans With Disabilities Act (ADA)?" »