ADA-Discussion Board Week 2

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Liberty University *

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Law

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Apr 3, 2024

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docx

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Uploaded by fivetodds76

Americans with Disabilities Act (ADA) “The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities.” (ADA.gov, 2013) The ADA was signed into law on July 26, 1990, by former President, George Bush. The Act protects both employees and job seekers alike. The Department of Labor does not enforce the Act itself, however, it does provide publications and other forms of assistance on the basic requirements of the law. In short, the Act states that an employer is to provide reasonable accommodations to qualified jobs applicants as well as employees with any type of disability. According to McConnell, we can determine that the Act “provides individuals with disabilities with the same protection afforded to minorities and other protected groups under the Civil Rights Act of 1964.” Mcconnell (2021) While disabilities are broadly defined under the ADA, there are other limitations to be included other than physical limitations generally discussed. The list will continue to expand as legal debates of what constitutes a disability continue to arise. “ According to the ADA Amendments Act of 2008 , covered entities should interpret the ADA broadly to include as many disabilities as possible and protect as many people as possible.” List of Disabilities Covered under ADA | UpCounsel 2019 (2019) How can association policies or employer policies be used to supplement legal requirements if an organization would like to protect its employees or clients from discrimination?

Title 1 in the ADA makes it unlawful for an employer to discriminate on the basis of a disability. This includes both the employee and an employee’s family member or someone living with them. It applies to private, non-profit, and governmental employers having at least 15 employees. According to the research, “ As a qualified candidate for employment, you must be able to perform the essential functions of the job with or without reasonable accommodations.” (https://www.facebook.com/verywell, 2022) Some of those accommodations include ensuring work facilities are accessible for people, flexible work schedule changes, and making changes to or getting equipment, devices, policies, materials, examinations, or hiring professionals who can provide assistance (such as interpreters).Employers are required to provide these accommodations unless it would otherwise cause undue hardship on the establishment. Another policy to include for employers would be the Family Medical Leave Act. “ Although the laws differ in both subject and scope, employees with disabilities or serious health conditions should be aware of both laws.” (Bachman, 2021) The FMLA protects an employee’s right to take leave to attend to medical or family emergencies. Employees covered by the FMLA are provided up to 12 weeks of unpaid leave during any 12-month time period. During their absence, the employee’s job status is protected and their health benefits must be maintained. Employees with disabilities or those with family members in their care with disabilities often have frequent absences to attend to their needs outside of work. Both of these laws can provide safety for their employment. Prior to 1990, many Americans were left with no civil rights and living with many inequities. One fun fact, if you will, of the installation of the ADA in 1990, was what is now deemed the “Capital Crawl”. Approximately 100 disabled activists crawled up the steps to the U.S. Capitol. It showed grit and determination of yet another inaccessible feat.

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