Case Study: EEOC V. Sears, Roebuck & Co.

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

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.

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

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,

In September of 2008, Congress passed the ADA Amendments Act of 2008 (ADAAA) which was also signed by President George W. Bush. This Act expands coverage and protection of people with disabilities in many ways. The Act lists bodily functions that the court has to consider when determining if an individual has an impairment of major life activity. The Act also makes it clear that if the disability is severe enough, even people with temporary disabilities may have coverage. The ADAAA became effective on January 1, 2009. In order to support this, the EEOC published documents that help people with disabilities join or remain in the workforce. In 2015, the EEOC hit another milestone by issuing an NPRM on Employer Wellness Programs and the ADA. This offers guidance on how wellness programs can comply with the ADA and can ensure confidentiality of employee medical

Doors and halls not wide enough for wheel chairs to pass through, nonexistent wheelchair ramps, elevators without brail, classifying a job applicant as inferior because of their physical or mental disability, the examples are endless. An employer's obligation to accommodate employees with disabilities has been in debate long before The Americans with Disabilities Act of 1990. And those arguments vary; does the ADA place too much of a burden on corporations

According to the Office of Disability Employment Office, “The Americans with Disabilities Act (ADA) is a landmark federal law that protects the rights of people with disabilities by eliminating barriers to their participation in many aspects of living and working in America. In particular, the ADA prohibits covered employers from discriminating against people with disabilities in the full range of employment-related activities, from recruitment to advancement, to pay and benefits”(“ODEP”, para. 1). With this being said, it is important to remember the main focus for this Act is that it to allow protection for

According to Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act. Reasonable Accommodations in terms of ADA means modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without (2002) Reasonable Accommodations is a big part in ADA, Those with a disability should have the neccessary tools in order to get on same level playing field as those with out a disability. This rule helps them reach equal benefits and have the same privledges as others. A person with a disability should have the same shot of eployment with a company as someone without a disability. This rule

Rule: According to (Moran, 2014), reasonable accommodations for disabilities include, having a work site accessible and modifying equipment and changing work schedules. In the job accommodation is a rational adjustment to a work environment, which makes it possible for any individual with a disability in order to perform specific duties (www.dol.gov). Disability discrimination occurs when an employer makes up for more than 15 employees in terms of making noticeable employment actions that affect an individual who has also had an impairment that limits any major life activities (Moran, 2014),

A short section of the Rehabilitation Act of 1973 noted as Section 503 prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. (Human Resource Management Instructional Materials 2009) Overall the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. These standards are the same as the ones used in Title I in the Americans with Disabilities Act spoke about earlier.

Hiring - Americans with Disabilities Act (ADA) of 1990 & Title VII of the Civil Rights Act

Rule: “The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.”