American Disability Act Case Study

The Americans with Disabilities Act provides civil rights to those who are disabled. The ADA guarantees equal opportunity to those individuals who are disabled in the work force and with the state and local government. The ADA will ensure that people with disabilities are not discriminated against when it comes to hiring, firing and advancements. The employer must provide certain accommodations for those with disabilities, but only if it does not cause them undue hardship.

This is not a complete list of the types of discrimination found in the workplace, there are other forms of workplace discrimination prohibited by the ADA. However, one form of workplace discrimination; the failure to reasonably accommodate the disabilities of applicants and employees, applies to all stages of the employment process. An accommodation is any change in the workplace environment or in the way things are done in the workplace that gives individuals with disabilities equal employment

Individuals with disabilities continually encounter various forms of discrimination, including intentional exclusion from certain work areas, that denies them the opportunity to compete on an equal basis and to pursue those opportunities that guarantees success in the society. To guarantee success there is expectation regarding the relationship between the employer and employee, giving close attention to the various factors that should be considered to make the person with disability successful. This paper outlines the Americans with Disabilities Act (ADA) and the terms and conditions covering employees and employers as stated in Title 1. Title 1, as amended by the ADA amendment 2008, states that no covered entity will discriminate against a qualified individual based on disability (EEOC, 2015).

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.

There are several legal and social foundations that are related with the Individuals with Disabilities Act. (Legal: constitution, 10th and 14th amendment) social foundations (what people thought about disabilities in the past) connect Willowbrook, early researches from 17-1800.

Sears, Roebuck & Co. – “The Commission brought this landmark disability discrimination lawsuit alleging that Sears maintained an inflexible workers’ compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA. The case resulted in the largest monetary recovery in a settlement of a single ADA lawsuit in EEOC history” (EEOC, 2009, para. 2). So, employers were not interactively providing reasonable accommodations, which violated the ADA as stated. Actually, employers do not have to provide reasonable accommodation unless the employee asks, according to the EEOC in

In the case of Pedigo v. P.A.M. Transp., 891 F. Supp. 482, 485 (W.D. Ark. 1994), rev 'g, 60 F.3d 1300 (8th Cir. 1995), “The court advised that the ADA as it was being interpreted had the potential of being the greatest generator of litigation ever. Also, that the court doubted whether Congress, in its wildest dreams or wildest nightmares, intended to turn every garden-variety worker 's compensation claim into a federal case. Based on statistical data from the Equal Employment Opportunity Commission (EEOC), from the time the Americans with Disabilities Act on July 26, 1992, enacted to FY 1996, 71,977 individuals had filed disability charges . From FY 1997 to FY 2015, 376,658 individuals had filed disability charges . Reviewing the

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,

In 1990 the Americans with Disabilities Act (ADA) came into law. This law protects people with disabilities by preventing discrimination in all aspects of public life. The Americans with disabilities Act allows people with disabilities to have the same opportunities and rights as everyone else. The ADA gives Americans with disabilities employment rights just as any other employee would. Discrimination regarding hiring, firing, pay, and other aspects of employment are prohibited. Harassment of disabled employees is also illegal. Employers must also provide accommodations to the employee. An accommodation would be a change in the work enviroment so that the disabled employee can perform his or her job duties properly. For example, an employer making his workplace wheelchair accessible for his employee in a wheelchair. However, employers do not have to provide accommodations to employees if it causes too much hardship upon the employer. This would occur if the accommodation is too expensive or difficult to get done. People fall under the category of disability by three main ways: If the person has a physical or mental condition that affects life activates, if the person the person has a history of a condition or a condition that is not transitory. The ADA also limits employer’s interviews when asking job applicants medical questions, taking medical exams, or indentifying a

This analysis looks at the work of Sara Rosenbaum, the editor of “D, The Americans with Disabilities Act in a Health Care Context” peer review article. It covers various subjects about the American with Disability Act (ADA). The subjects are an overview of the ADA, the ADA and access to health care, and the ADA and health care coverage and financing. Rosenbaum has put emphasis the importance of the ADA in the health care. In addition to that, there are highlights of the ADA standards and regulations. This peer review article has made me aware that people with disabilities do belong and that they have

Disability is identified as a bodily or cerebral mutilation that significantly restricts one or more of an individual’s foremost life actions by the ADA. Companies are required formulate logical accommodations for individuals whom are disabled except if the outcome creates hardship for the companies every day functions. Hardships are considered things such as tremendous costs or involve considerable difficulty.

In 1990, Congress enacted the Equal Opportunity for Individuals with Disabilities Act, more commonly known as the Americans with Disabilities Act of 1990, “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” This followed four years of work by the National Council on Disability, an independent federal agency charged with advising the President, Congress, and other federal agencies on disability policies, programs, procedures, and practices. In 1986, the National Council on Disability recommended that the U.S. Congress enact a comprehensive equal opportunity law for individuals with disabilities. In 1988, the National Council on Disability drafted the first version of the Americans with Disabilities Act, which was introduced by Sen. Weicker and Rep. Coelho in the 100th Congress.

Having said that, we must also understand that carrying out the regulations of the ADA does not stop at applicant screening and recruitment. But rather, concerns the entire employee service period. Consequently, human resource (HR) professionals must analyze the employment process with the ADA in mind. As an example, when creating a benefits program, they must assure that equality for those with disabilities is measured in the programs. If an organization were to offer the benefit of a cafeteria discount, the facility has to ensure there are accommodations for those with disabilities to take advantage of this benefit.

The ADA ensures that employees who are experiencing any form of mental or physical disability are treated fairly, and their disability accommodated within reasonable means. This means the work place should be modified so that the person with disability is able to perform their job functions. Some of the modifications that should be provided for are computer screen adjustment for people with poor vision, making the work place to be handicapped accessible

Disability is issue that require both the motivation and global mobility of all public and private sectors. It is the issue is not limited to the individual role, but is an issue the entire community. They need more attention by creating suitable environment and providing education and work for them. Therefore, the US government issued legislation and laws to save disability rights. Under the Americans with Disabilities Act of 1990 (ADA), it required to provide reasonable accommodation, which include suitable and work environment to create equal opportunities and benefits like others.