The Hiring Process and the Laws That Govern It

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.

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.

This was just three years after Congress had voted down an amendment to Title VII to include age discrimination as an unlawful employment practice (www.eeoc.gov). In 1972, Title VII was amended to include the Equal Employment Opportunity Act which promises equal opportunities for all of mankind. The Rehabilitation Act was passed in 1973 which prohibits the Federal Government, as an employer, from discriminating against qualified individuals with disabilities. In 1976, in General Electric Co. v. Gilbert, the Supreme Court ruled that health insurance for employees providing sickness and accident benefits for any disability but those arising as a result of pregnancy did not constitute sex discrimination under Title VII (www.eeoc.gov).

The Americans with Disabilities Act provides civil rights to those who are disabled. The ADA guarantees equal opportunity to those individuals who are disabled in the work force and with the state and local government. The ADA will ensure that people with disabilities are not discriminated against when it comes to hiring, firing and advancements. The employer must provide certain accommodations for those with disabilities, but only if it does not cause them undue hardship.

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.

Over forty million Americans are disabled, whether it is a physical, sensory, cognitive, or mental disability. Section 504 of the Rehabilitation Act was signed into law in 1973. This law states that no handicapped individual shall be disqualified from partaking, be denied benefits of, or be subjected to discrimination under any program receiving federal financial assistance. The foundation of the Section 504 is from the language of preceding civil rights laws that sheltered women and minorities. Section recognizes that history proves that humanity has treated people with disabilities as second-class citizens based on previous stereotypes. These types of attitudes have translated into policies based on paternalism. Section has acknowledged

“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).

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.

Rehabilitation Act 1973- This act prohibits discrimination on the basis of disability in programs run by federal agencies and programs that receive federal financial assistance. Specifically in this act is Section 504, which was the first civil rights legislation to protect individuals with disabilities from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive federal financial assistance. This statute was intended to prevent intentional or unintentional discrimination due to a person's disability.

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

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,

This act is much like the ADA, the only difference is that the Rehabilitation Act is that it focuses on the federal government. “The Rehabilitation Act of 1973 was the first “rights” legislation to prohibit discrimination against people with disabilities. However, this law applied to programs conducted by Federal agencies, those receiving federal funds, such as colleges participating in federal student loan programs, Federal employment, and employment practices of businesses with federal contracts” (The Rehabilitation Act of 1973, 2011). Section 501 demands affirmative action and bans discrimination in employment by Federal agencies. Section 505 includes steps managing solutions and attorney's expenditures under Section 501 (The Rehabilitation Act of 1973, 2011).

be protected by the A.D.A. this person must have a long standing record of this

Over the years, the workplace has experienced several instances of discrimination. In attempt to stop the discrimination, Title VII was passed. Although Title VII helped employers in terms of race, color, gender, religion and national origin, those who had disabilities continued to face the frustration of disability barriers in the workplace, given disability was not one of the listed protected classes. Employers abstained from hiring the disabled in fear of them not being able to perform at the same level as the other employees or the attitudes of such employees towards the disabled workers. Of course, there was some legal protection against discrimination: The Vocational Rehabilitation Act of 1973, but this law only applied to employees