Americans With Disabilities Act: A Case Study

In regards to the court case of Velma Bates v. Dura Automotive Systems Inc., the issue is whether or not an employers’ drug testing policy can be permissible under the ADA. The employees sued Dura’s Automotive Systems Inc. because they claimed that drug testing violated the Americans

Contagious diseases such as HIV+ and AIDS are considered conditions of being disabled (DeCenzo & Robbins 2005). An alcoholic is a person with a disability and is protected by the ADA if he or she is qualified to perform the essential functions of the job (U.S. Department of Justice, 2006). However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer may also prohibit the use of alcohol in the workplace and require that employees not be under the influence of alcohol. Individuals, discriminated against because they have a known association or relationship with a person with a disability, are also protected under the ADA (U.S. Department of Justice, 2006). For example, this provision would protect a person whose spouse has a disability from being denied employment because of an employer's unfounded assumption that the applicant would use excessive leave to care for the spouse.

In the early 1970’s parents of students with disabilities went to federal court when their local school districts did not provide services to meet their children’s educational needs. In Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania (1971), a Pennsylvania court ruled that all children, regardless of disability, have a basic right to an education under the Fourteenth Amendment. In Mills v. Board of Education of the District of Columbia (1972), a federal court ruled that the District of Columbia schools could not exclude children with disabilities from the public schools. Cases like this focused public attention on the issue of educating children with disabilities. The social and political pressure then resulted in landmark federal legislation to address the educational rights of these children.

There are many acts that help the employees within the workforce. The acts we will be discussing are as follows: Americans with Disabilities Act, Age Discrimination in Employment act, Occupational Safety and Health Act, Family Medical Leave Act, and Fair Labor Standards Act. We will also be discussing harassment, diversity, and grievances.

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).

The Americans with Disabilities Act of 1990 that was signed into law by George H. W. Bush is one of the most comprehensive pieces of legislation dealing with civil rights today. It was instrumental in protecting the rights of the mentally and physically disabled. The law has made many contributions to America as a country and helped it enter the modern world as a socially diverse nation. It was amended in 2008 by George W. Bush, who continued the work of his father in protecting disabled peoples rights. The specific company that will be the focus of the paper is Stater Bros. Markets. Stater Bros. is the premier supermarket in Southern California and does 3.9 billion in sales annually. The paper will also analyze how this legislation has

United States Department of Labor (2014) asserts that the ADA and Rehabilitation Act of 1973 affect drug and alcohol policy. Within the scope of this law, even though employers may discharge an employee who is currently engaging in use of illegal substances, employers cannot discriminate against drug addicts who have a history of drug addictions and who are not currently using drugs and have been rehabilitated or currently in a treatment program. Samuels (2014) also stipulates that alcoholism and drug addiction cannot be discriminated in employment, housing, education and services. This protection is adhered to in the ADA and rehabilitation Act passed by the federal government.

In nineteen ninety Congress passed the Americans with Disabilities Act. This act was established in order to eliminate discrimination of people with disabilities and to break down barriers in society that limits the freedom a disabled person. According to Section 2 Subsection A part one, "some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older." As the number suggests there are a lot of people that would be classified as disabled making this act very important. This paper will look at the Americans with Disabilities Act as how it pertains to helping people with disabilities based on who is covered, what are their rights, and what legal actions

As a supervisor according to my knowledge based on the American with Disability Act, I as supervisor would give Cheryl an oral warning. I will notify her that the ADA law states that she needs to do her job appropriately. I will check on her time and performance. If she did not perform a good job then I will give her a written warning.

President George H. W Bush signed the American with Disability Act (ADA) of 1990 into law on the 26th July of the same year. The law seeks to protect people with a disability from discrimination during job placement, employment opportunities, accommodation, and transportation. The law also grants people with a disability the rights to participate in political, social, and governmental services, and the right to purchase goods and services (ADA, 2008). ADA also states that people with a disability have an equal right just like other people and should not be discriminated

July is often remembered as a month that Americans celebrate their freedom from British, but for millions, it signifies a different kind of freedom. For them, it signifies a freedom from discrimination. This is because on July 26, 1990, President George H. W. Bush signed into law The American Disability Act of 1990 (ADA). ADA bill was governments attempt to clarify and expand the Rehabilitation Act of 1973. Its main goals were to assure that people with disabilities had "equal employment opportunities", were able to "purchase goods and services, "to participate in State and local government programs" (Mayerson, 1992). Bush's hope was that "every man, woman, and child with a disability" could

Just like any other minority, the disabled have been discriminated throughout history. Disabilities can be composed of physical or mental handicaps and discrimination has always occurred for both. It has historically been difficult for the disabled to not only find employment, but also to keep acceptable employment. These individuals also have had trouble being treated properly on the job. Transportation has also been an issue because many of the disabled cannot move or get around as easily as others. There is a history of isolating or separating the handicap from society by not having proper access available or by not allowing them to participate in all government programs. People with hearing problems also have not been able to

According to the book, the American Disabilities Act (ADA) of 1990 is a landmark legislation because it's where congress acknowledged that 43 million Americans with disabilities had been subjected to discrimination and that they have not had any recourse within the law to deal with this discrimination. this law was passed to promote the rights of people with disabilities.The ADA was a landmark legislation for the United States and at the time for the world it paved the way for civil rights for people with disabilities and gave them the stepping stone needed to be able to get into government agencies, get jobs and have equal employment opportunities, have better access to transportation, and other services.

These reasonable accommodations are somewhat vaguely defined, and this leads to various problems between employer and potential employee. All things considered, the ADA has been a help to a great many people and various success stories can be found in the business, sports, and professional worlds. However, inequality still abounds as the disabled continue to struggle to gain their self-dependence. This is unacceptable in a culture that prides itself on equal opportunity, and it is only through increased policy that this problem will be rectified. Despite the successes by the ADA of protecting individuals from discrimination, it should still be treated as a stepping-stone for equality reform, rather than the answer to it.

…“Children with disabilities should be educated in the most open and normal environment possible (the least restrictive environment); when needed, evaluations, diagnose, and treatments should be done without stigmatization and discrimination.”… (Pg. 176)