Disability Discrimination

The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.

Disability Discrimination Act (1995) and (2005)- The DDA bought in to support the rights of disabled people to take a full and active part in society. It gives them equality of access and the same opportunities to participate in society as a non-disabled people. This important piece of legislation gives disabled people rights regarding the way in which they received services, facilities or goods. This also included education, care and play services. A disabled person is someone who has a physical or mental impairment that affects their ability to carry out normal day to day activities. This will be long-term.

The Equality Act sets out the different ways in which it is unlawful to treat someone, such as direct and indirect discrimination, harassment, victimisation and failing to make a reasonable adjustment for a disabled person. The act prohibits unfair treatment in the workplace, when providing goods, facilities and services, when exercising public functions, in the disposal and management of premises, in education and by associations (such as private clubs). The equality act will for instance impact on my role as manager with regards recruitment. You will need to ensure that my job specification does not discriminate against particular groups of applicants. When processing applications you should concentrate on an individual’s abilities to do the job, not their disabilities. Make adaptations to accommodate individual’s differences e.g. working hours, special equipment needs etc.

It requires reasonable adjustments to be made in various areas, so that disabled people are not being discriminated against. The human Rights and Equality commissions assist that individual to up hold their rights as set out in the DDA. The Act covers all four main areas such as; transport, housing, education and employment. Also it is unlawful under the DDA for an employer to treat a person with disabilities less favourably that someone else just because of their disability. The DDA provides a legal protection from any discrimination in employment, access to buildings or transport.

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).

Disabled persons are as able for employment as any other normal person. They usually face a discrimination for being a disabled person. The main thing is that the perspective of the person towards them. Some people have a negative attitude towards disabled persons that they are physically and mentally not strong as a normal person. Whereas the people who have positive attitude believes that intelligence, work ethics, and dedication has no relation with a disability. Those attitude difference create ethical questions. The common question is

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

According to an overview of the Americans with Disabilities acts, "The ADA is a civil rights law that prohibits discrimination against individuals with disabilities "(2015). What this means is someone who has a serious disability such as being in a wheelchair or cannot see will not be judged or turned down from a job. Also, according to “The Rehabilitation Act and ADA Connection”, Section 504 ADA fought for people in regards of the possibility of being discriminated against where section 504 did not put their focus towards that part of the issue. (2009).

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

3. Equality Act 2010 (Race Religions Act & Disability Discrimination Act) –‘It requires equal treatment in access to employment as well as private and public services, regardless of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation.’ (Wikipedia) As for it relating to nursing for the mentally disabled, ‘employers and service providers are under a duty to make reasonable adjustments to their workplaces to overcome barriers experienced by disabled people’

According to The equality Act 2010 a disability is define as having a physical or mental impairment that has

The subject of the discrimination facing the man ensues from his disability. In addition, the man claims that the organization denied him a reasonable accommodation as three of his left hand fingers were missing (Reed 1).

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