Disability Discrimination And Americans With Disability Act ( Ada )

The Americans with Disabilities Act has come a long way with helping to protect and obtaining justice for the disable opening the door for jobs and creating more adequate access to public spaces to an estimated 43 million disabled people however, corrective disabilities are more of a challenge. People whose disabilities that can be remedied with eyeglasses, medications, etc. are not covered by the ADA (Post, 1999). Justice Sandra Day O’Conner supports this action and wrote three provisions that led to the conclusion that remediable conditions are not a disability (Post, 1999).

The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for

“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity

According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.

The Americans with Disabilities Act, also known as Public Law 101-336, is a civil rights law. It makes it illegal to discriminate based on disability in several different areas of life. It prohibits discrimination on the basis of disability in: employment, services rendered by state and local governments, places of public accommodation, transportation, telecommunications services. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. http://www.eeoc.gov/facts/fs-ada.html

According to an overview of the Americans with Disabilities acts, "The ADA is a civil rights law that prohibits discrimination against individuals with disabilities "(2015). What this means is someone who has a serious disability such as being in a wheelchair or cannot see will not be judged or turned down from a job. Also, according to “The Rehabilitation Act and ADA Connection”, Section 504 ADA fought for people in regards of the possibility of being discriminated against where section 504 did not put their focus towards that part of the issue. (2009).

The ADA was approved by the United States Congress in 1990 and is an extension of The Civil Rights Act of 1964. This law protects individuals from employment discrimination based on disability. “The purpose of this section is to ensure that people with disabilities are not excluded from job opportunities or adversely affected in any other aspect of employment unless they are not qualified or otherwise unable to perform the job” (Guido, 2014, p.277). Not only the disability can be physical such as a person in a wheelchair, people that might have visible symptoms as fatigue, kidney or heart diseases that limit a person's attitude. In this case the employer must evaluate to offer a reasonable accommodation in the preparation for the employee

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

The Americans with Disabilities Act (ADA) states that an employer may not discriminate against a qualified individual with a disability. (US Airways, Inc. v. Barnett). A "qualified" individual includes, but is not limited to, an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the relevant employment position. Id. “Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.” (PPM6Slide12)

There are a number of laws that will affect your hiring process, particularly in the area of discrimination. The civil right act of 1964, “Prohibits discrimination in employment practices when the discrimination is based on a person’s race, color, sex, religion or national origin. The federal law applies to organizations with 15 or more employees” (Gusdorf, 2008). The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against qualified individuals with disabilities in organizations of 15 or more employees. The ADA also requires, “That the employer offer reasonable accommodations to disabled individuals so they have equal opportunity to apply for job openings and, if hired, to be successful in their job functions”

This Act prohibits discrimination based on disability. It provides protections for people with a wide range of disabilities, including physical, mental, and genetic. Employers are not allowed to make hiring and firing decisions based on disability. They must make reasonable accommodations for job applicants and employees with disabilities.

be protected by the A.D.A. this person must have a long standing record of this

Under Title I of the Americans with Disabilities Act, employers with fifteen or more employees are prohibited from discriminating against people with disabilities. Furthermore, the employment provisions of the Act require that employers provide equal opportunity in selecting, testing, and hiring qualified applicants with disabilities, job accommodations for applicants and workers with disabilities when such would not impose due hardship, and equal opportunity in promotion and benefits. (United States Department of Labor). If an employer is found liable for such discrimination, the fines can be extremely high. Therefore, it is important to know the definition of disability as determined by the ADA. A disability is a physical or mental impairment that essentially limits one or more of the major life activities of an individual, a record of having such impairment, or being regarded as having such impairment (Bennett-Alexander and Hartman) and the individual should be able to prove such factors to establish a prima facie case in court. Despite of these definitions, a disability is determined based on the effect the impairment

Direct discrimination occurs when a person with a disability is treated less favourably than a person who does not have a disability.

“For purposes of nondiscrimination laws (e.g. the Americans with Disabilities Act, Section 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), a person with a disability is generally defined as someone who (1) has a physical or mental impairment that substantially limits one or more "major life activities," (2) has a record of such an impairment, or (3) is regarded as having such an