THE AMERICANS-WITH-DISABILITIES-ACT AND DERMATOLOGISTS

The passage and implementation of the Americans With Disabilities Act of 1990 (ADA) has established certain rights in law for persons with d isabilities, including patients with skin disease. For workers in work places employing more than 15 workers, management may not exclude a wo rker from a job unless it can be objectively demonstrated that their s kin disease will make it impossible for them to perform the essential functions of the job. Employers, at their expense, are now required to provide those disabled with skin disease with reasonable accommodatio n to allow them to perform their jobs while having their skin impairme nt. Unless the skin impairment can be shown to place the worker or the ir fellow workers at material risk to their health, the employer may n ot exclude them from working-even if the employer is concerned that it may make their skin disease worse. The act applies both to new employ ees and those acquiring disabling skin disease who are employed and wi sh to stay at work or return to work. Arbitration of dispute between e mployees and management are the responsibility of the Equal Employment Opportunities Commission (EEOC), a federal agency responsible for the legislation.