Case Study: NDI Consulting Inc. Program Analyst

Utilized ambitious work ethic and integrity to go beyond specific job duties; received MVP award in the Financial Aid Department for excellence in service, and recognized as a top Academic

“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).

The disability can range from any form of walking, talking, seeing, hearing, and learning. This law also extends to persons diagnosed with HIV or AIDS as well any person who has completed drug and alcohol rehabilitation. This law was enacted to protect people with disabilities and provide them with employment opportunities. All organizations within in United State of America must provide these disabled employees with various accommodations such as elevators, access lamps, and telephones with hearing impaired equipment. If an organization does not comply with this law they maybe subject to civil penalties such as $55,000 for the first violation or $110,000 for each subsequent violation. If cited for major noncompliance the organization could cause warranty compulsory and punitive damages (United State Department of Labor,

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.

In today's world, one would assume that America is hitting all the marks, when in reality we are falling short in what may count the most. We are not meeting the basic needs of our largest minority group, mentally and physically disabled people. Lack of accessibility is a difficult hurdle for both physically and cognitively disabled people. Lawmakers have a duty to everyone in America, not just the able, and encouraging accessibility in the public is the first step in the right direction.

Most owners and managers of property throughout the country will acknowledge the importance of the regulations stated in the Americans With Disability Act or the ADA that was passed in 1990. The regulations in this act dictate that all buildings open to the public should provide fair, identifiable and safe entrances and exits to and from the buildings along with the rooms inside of them. In addition, the parking lots to these establishments also need to be appropriately marked for people who struggle with some kind of disability. Even though the regulations have been around for such a long time, there are still properties today that do not comply with

“The Americans with Disability Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities and ADA covers employment by private employers with 15 or more employees as well as state and local government employers of the same size. Section 501 of the Rehabilitation Act provides the same protections for federal employees and applicants for federal employment” (EEOC, 2011, para. 1).

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,

Research conducted through surveys shows that people with disabilities believe the implementation of the ADA has improved their lives significantly. The ADA’s most prominent effect has been changed in access of accommodations, giving people the ability to access restaurants, stores, beaches, and other public places. Along with improving access for people to live and work independently (Frieden, 2015). While organization leaders agree that the ADA has significantly affected the lives of individuals, they concur that there are still gaps in communities to fully integrate the ADA. People with disabilities are themselves attempting to enhance their group's functioning and working with communities to identify the ADA standards (Frieden, 2015).

Following the amendment and reauthorization of Section 504 of the Rehabilitation Act of 1973, Microsoft Corporation began an initiative to research, develop, and market software, hardware, systems, and services that would assist and appeal to people with disabilities. The corporation also turned its attention to attracting, hiring, and retaining people with disabilities who have the qualifications to work at Microsoft a division for accessibility and disabilities was formed by the company. The goal going forward was to make valuing diversity and accessibility an article of faith at Microsoft.

    A person with a disability, or handicap, can be defined as someone with a physical or mental impairment, which has a substantial or long-term adverse affect on his or her ability to carry out normal day-to-day activities (Employment 2). Handicap workers face many challenges in the work place that the average person overlooks. Also, many special arrangements and alterations have been made to the workplace for people with handicaps. Accessibility, transportation, workload, and salary are just some of the many issues that must be considered with the prospect of employing the handicap.

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

“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