Chronic Illness And The Rehabilitation Act Of 1973

In 1973 the rehabilitation Act was created. This act prohibits any discrimination against the disabled. It requires accessibility to employment, education, health, welfare, and social services.

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.

Section 504 and the ADA use three descriptions to define who is covered under the legislation. Type one is a person that has a physical or mental impairment that limits them through at least one essential life activity. Type two is a person that has a history of mental or physical issues. Type three is covered as a person that is seems to have a mental or physical impairment. A physical impairment is defined as a physiological condition, cosmetic deformity, or an anatomical loss affecting one or more body systems. Epilepsy, cerebral palsy, cancer, and hemophilia are all examples of physical impairments. A mental impairment is defined as anything that is psychological such as a specific learning disability or mental retardation like ADD or drug or alcohol addictions. Therefore, any person that is listed under any of the above-mentioned classifications or their relative classifications should be eligible for ADA and Section 504 coverage.

The presence of medical conditions, classified as disabilities by the Americans with Disabilities Act as, “…a physical or mental impairment that

In the past most of the people with learning disabilities suffered regularly from discrimination. All to often people with learning disabilities aren't considered worth living and they are the subject of

After years of discrimination, it looked as though people with disabilities would finally fine justice. In 1968 a bill was proposed that would enable people with disabilities to seek protection from the government. One would think that this bill would be welcomed into our society, but the events that followed proved quite the contrary. It took five years, three changes of administration and two presidential vetoes to pass the Rehabilitation Act. President Richard Nixon signed the bill into law on September 26, 1973. This act was designed to protect the rights of persons with disabilities. Proceeding the signing of the bill a federal campaign was launched to eliminate discrimination

Although the ADA does not specifically list any disabilities, the Equal Employment Opportunity Commission’s (EEOC) guidelines state that when an individual has a physical or mental impairment that substantially limits one or more major life activity then the individual is in fact disabled. It goes on to state that impairments can include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of several body systems, or any mental or psychological disorder (Dessler). Among the protected classes are persons with AIDS and substance abusers who are in treatment. Some 50 million current or potential workers are estimated to be covered by the law's provisions (Columbia Encyclopedia). However, the act does list some

The ADA story started quite a while back in urban communities and towns all through the United States when individuals with disabilities started to challenge societal boundaries that prohibited them from their groups, and when parents of children with disabilities started to battle against the rejection and isolation of their kids. It started with the foundation of neighborhood gatherings to advocate for the privileges or rights of individuals with disabilities.

Disability Discrimination Act 1995 - This act describes a disabled person as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities", which has or can be expected to last for more than 12 months. Conditions that impair an individual's abilities in this way include those that hamper mobility; manual dexterity; physical co-ordination; continence; the ability to lift; carry or move everyday objects; speech; hearing or eyesight; memory or ability to concentrate, learn or

The Rehabilitation Act of 1973 prevents the discrimination based off disability in programs run by the government agencies. This includes any programs that receive federal financial assistance, are in federal employment, are in the employment of federal contractors. The standards for deciding if employment discrimination exists under this act are the same standards used in Title One of the Americans with Disabilities Act. There are multiple sections in the Rehab Act. Section 501 stops federal employers from preventing a qualified individual with a disability from working. It pushes them to actually hire people with disabilities to give them a chance. Section 503 is like 501, except it pushes employers to advance employees with disabilities

A physical disability can affect how a child engages and participates in daily activities. Because of a disability, a child may find themselves limited to the things they can participate in either independently or supported. From a

This is a very interesting in an article in regards to mental illness. James did everything correctly by notifying his supervisor about being stressed out, overwhelmed and need some assistance with mental impairment. Unfortunately, the supervisor failed to offer to counsel or redirect him to Human Resources for further assistance. In fact, the employee did the right thing by filing a lawsuit under ADA and Rehabilitation Act of 1973 means that, as long as the applicant or employee is otherwise qualified for the position, with or without reasonable accommodation, the employer is prohibited from making any adverse employment decision solely on a basis of the disability.

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

Disabled people are those whose impairments, physical or mental, restrict them, affecting their daily lives, ability to cope and employment prospects. (Madden, D, 1999).

“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