The Americans With Disabilities Act: A Case Study

The ADA does not protect all forms of disability such as pyromania and kleptomania. These are considered psychiatric disabilities and can disqualify individuals from employment. In addition, employees and applicants who use illegal drugs are not covered by the ADA. Individuals who engage in the illegal use of drugs

The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADA's ban against disability discrimination applies to both private and public employers in the United States.

“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

In 1999 the company United Blood was an employer that violated the Americans with Disabilities Act. This employer terminated 23 employees with disabilities. United Blood has to pay a $650,000 settlement. The ADA forces companies to treat each person individual and not all the same and the united blood company treated everyone the same. The Equal Employment Opportunity Commission claimed that “by following an unbending rule instead of dealing with each employee individually, United Blood violated not only

American with Disability Act (ADA) gives civil rights protections to persons with disabilities in all facets of the American society, “every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom”, with those words on July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ada.gov, 2009). The ADA law does not list specific disability conditions, rather, the Equal Employment Opportunity Commission (EEOC) under Title I of the Act, specifies conditions that are attributed to disability and undertakes the enforcement authority. Title1 deals with the

Before starting this class and especially the research paper, I knew very little about the ADA. During the period of research and writing the paper I hope to obtain a better grasp on the ADA in general. But I also hope to learn some things that my current place of employment can improve our standards when it comes to those with disabilities. The ADA was signed into law on July 26, 1990 by then President George H. W. Bush. It prohibits discrimination based on disability and only disability. It is fairly similar to the Civil Rights Act of 1964.

In addition to the ANA ethical principles, the Americans with Disabilities Act (1996) protects qualified individuals against discrimination in job application procedures, hiring, advancement, discharge,

There are several legal and social foundations that are related with the Individuals with Disabilities Act. (Legal: constitution, 10th and 14th amendment) social foundations (what people thought about disabilities in the past) connect Willowbrook, early researches from 17-1800.

"Disability: Employers are prohibited from engaging in discrimination against qualified individuals with a disability by the Georgia Equal Employment for People with Disabilities Code, The Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990. A "qualified individual with a disability" is an individual who possesses the requisite skills, experience, education, and other job-related requirements of the position and who can perform the essential functions of the job with or without reasonable accommodation. An "individual with a disability" is a person with a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment or is regarded by the employer as having such an impairment." (State of Georgia, Secretary of State, 2012)

“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).

Every employee in the organization should be given the necessary accommodations to make sure they are working in an environment that is safe. Organizations struggle with ADA because they are unaware of the guidelines set by the law and they lack the expertise to manage the needs for the employees.

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.

As stated by the founding fathers of America “All men are created equal.” Black, white, brown, short, tall, smart, and dumb, all are created equally. Therefore every person deserves fair judgement. Unfortunately, it is a profound fact that not everyone is born normal and capable of task typical for a common person, who is free from disability. In my opinion, the quote “All men are created equal” serves to promote a friendly environment that helps encourage equality among people and aids to recognize the similarities rather than the differences that separates men. Even so, with this hope, the disabled community still struggles for equality. According to Legal Rights by the National Association of the Deaf (NAD), “Almost 10 percent of all

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

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.”