The Americans with Disabilities Act: A Decision Tree for Social Services Administrators.

The 1990 Americans with Disabilities Act (ADA) (P.L. 101-336) has affected virtually every administrator in the social work field. Moreover, unlike in other professions or businesses, social workers may not only approach the ADA from the standpoint of employers or potential employers, but also as decision makers in community facilities that may provide services to or advocacy on behalf of people with disabilities, or as disabled people seeking to understand their rights under the law (Orlin, 1995). An awareness of the legislation is thus even more important in social work than in most employment areas. The decision tree described in this article can be used not only by administrators, but also by social workers who have a disability or are advocating for a person with a disability who may have been subject to discrimination. Although many books and articles have been published about the ADA, few have specifically targeted the social services arena. This article presents important issues in ADA-related decision making in the form of a decision tree. Because the ADA is an extensive policy that includes several fairly complex elements, a sequential view of the issues that may be included in the decision-making process may be the clearest and most comprehensive way to assess the validity of claims. This decision tree includes nine steps. The burden of proof falls on the employee for seven of these steps and on the employer for two. Before discussing the decision tree, however, it is important to provide a brief overview of the act.