The Americans With Disabilities Act Of 1990

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.

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

Disability has been a function historical to justify inequality for any disabled people, but in addition has also helped so many women, and minorities. Over the years there have been many models that can explain disability law. There is a social model which argues that it is the environment, that basically caused those traits to limit the functions; therefore creating disability. Another model that people tend to use when looking at disability is the normative claim, which his that disability should be inscribed as a subject of discrimination If you wanted to compare both models, The Americans with Disabilities Act (ADA) is correlated with social model, while the discrimination model is link to many other pass precedents. Before the American Disability Act in 1990, disability went through some revolutionary phases. The first, was to be able to define disability properly.

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.

"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 Individuals with Disabilities Education Act Amendments of 1997 (IDEA), is a federal special education law and was signed into law in June 1997. The IDEA pledges that each child with a disability as well as students who need special education services has the right to a free proper public education, with the least restrictive environment. Below are the six components that are included in the IDEA. They include;

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,

The Americans With Disabilities Act of 1990 (ADA) prohibits an employer from discriminating against a qualified individual with a disability. Employers are required to modify spaces to accommodate those with disabilities, such as installing ramps, unless the cost of doing so would cause undue hardship. They must also make other reasonable accommodations such as providing user friendly equipment and modifying training programs and schedules (Cascio & Aquinis, 2011). The EEOC offers resources for employers to help them understand and comply with ADA laws (The U.S. Equal Employment Opportunity Commission, 2008). Sexual harassment can fall under two categories, quid pro quo or hostile work environment and is detailed under Title VII by the EEOC

As a supervisor according to my knowledge based on the American with Disability Act, I as supervisor would give Cheryl an oral warning. I will notify her that the ADA law states that she needs to do her job appropriately. I will check on her time and performance. If she did not perform a good job then I will give her a written warning.

For many years we’ve had an issue with disability discrimination happening in the workplace. In 1990, the Americans with Disabilities Act was established. Because of this act employees and applicants with disabilities were protected from discrimination against employment. ADA covered all aspects of employment including hiring, pay, promotions, firing, and more. Although employees are protecting under the ADA, in some cases employers still fire the disabled to this day.

    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.

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