...The Americans With Disabilities Act The Americans with Disabilities Act (ADA) The rights of handicapped persons to enjoy equal employment opportunities were established on the federal level with the enactment of the “Rehabilitation Act of 1973” (29 U.S.C. 701-794). Although “not designed specifically as an employment discrimination measure but rather as a comprehensive plan to meet many of the needs of the handicapped” (Twomey, 2001, p.540). The Rehabilitation Act provided three sections (sections 501,503,504) that prevented discrimination in employment. Section 501 was applicable to the federal government itself. Section 503, applied to federal contractors. Finally, section 504 applied to the recipients of federal funds. On Tuesday, the 23rd of January 1990, a “clear and comprehensive prohibition of discrimination on the bases of disability” was established by the One Hundred First Congress of the United States of America in its second session (D.O.L, 2003). The Americans with Disabilities Act (ADA) of 1990, which is estimated to cover over, 43 million Americans with disabilities, went into full effect in January of 1992. Considered a “Bill of Rights for Americans with a wide variety of disabilities” the act applies to employment, public accommodations, transportation, telecommunications, State and the federal government (Holley, Jennings, Wolters, 2001, p. 424). The passage of the ADA “expanded the scope and impact of laws and regulations” on...
Words: 2973 - Pages: 12
...Americans Disability Act of 1990 The main reason for the American Disability Act (ADA) is to is to give equal opportunity for the disabled Americans living in the United States. In May of 1990, the Congress approved the Americans with Disabilities Act, that provides disabled Americans with increased access to jobs and services. The history of the ADA did not begin on July 26, 1990 at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The National Council on Disability had drafted a bill which was later introduced to the House and Senate 1988 when they recommended enactment of a Americans with Disabilities Act. President George H. W. Bush signed it into a law on July 26,1990. With changes made by President George W. Bush which went into effect on January 1, 2009. The ADA is now a wide ranging rights law that prevents any discriminating actions against anyone with a disability. It has similar protection as the Civil Rights Act of 1964. That act made race, national origin, sex, or any other characteristic illegal. However, unlike the Civil Rights Act, the ADA requires accommodations and accessibility requirements on public accommodations from employers for any employee with disabilities. The American Disability Act also protects disabled employees from being discriminated from employers. Under the ADA employers may not limit advancement opportunities for disabled employees. Secondly, employers cannot use test...
Words: 870 - Pages: 4
...Disability Discrimination In The Workplace Joe Walters University of Phoenix Dr. Casey Reason May 15, 2013 Introduction The prevalence of disability discrimination in today’s workforce is an important topic in any place of employment. Surveys have been conducted that reveal nearly twenty percent of employers believe that the most significant barriers that disabled people face in finding and securing employment are inaccurate stereotypes and negative attitudes (Roessler, et al., 2007). When individuals are not employed because of some disability, it denies the disabled worker the right to earn an income to provide for their needs as well as their families and it deprives individuals of contributing to society (McCary, 2005). McCary points out that 21 million Americans with disabilities is the largest minority population in the United States. 20 years after the American with Disabilities Act was signed into law, nearly 40 percent of working-age men and women with disabilities were unemployed (2005). As a response to the high rate of unemployment, in 1990 the American with Disabilities Act was passed (ADA) (Ledvinka, 2010). This paper focuses on the importance of disabled people in the workplace, the role that legislation has played to stop discrimination, and what can be done to prevent future discrimination. Court Cases and Legal Protection In 1973 Congress passed the Vocational Rehabilitation Act to regulate issues concerning disability...
Words: 1549 - Pages: 7
...different countries globally. Many states offer specialized programs, provide educational resources, and information on local and domestic organizations that provide specialized equipment to meet the various needs of people. The target population types range from children with disabilities in an educational setting to the elderly who may need a wheelchair or other technological device to assist them with daily routine functionality. People with different disabilities require specialized technology to meet some of their needs. Assistive Technology devices help individuals meet these needs. The U.S. Department of Health defines assistive technology as “any piece of equipment, item, or product system purchased off the shelf, was modified or customized, and is used to maintain, increase, or improve the functional capabilities of individuals with a disability.” They do not include medical devices surgically implanted, nor are they a replacement for surgically implanted devices ("U.S. Department of Education", 2015). The states of Virginia, Alabama, California, Washington, and other states provide assistive technology in many different forms to meet the needs of people with disabilities. The American Disability Act (ADA) and Section 504 federal requirements are in place, obligating states to follow these standards. These laws are carefully followed by each of the States reviewed. Therefore, no room for improvement in the area of enhancing assistive technology and educational resources...
Words: 1486 - Pages: 6
...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 millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities. Any company with 15 or more employees must be in full compliance with the ADA. The ADA, "prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation...
Words: 1443 - Pages: 6
...Several federal statutes, as well as many state statutes, prohibit disability discrimination against students by educational institutions (Kaplin & Lee, 2014). Federal and state disability discrimination laws require colleges and universities, as places public accommodations, to provide appropriate accommodations for otherwise qualified students with disabilities. But if the student misconduct is related to the nature of the disability, and the conduct would otherwise violate the college's code of student conduct, administers must face a difficult choice. (Kaplin & Lee, 2014). These statutes require public and private schools to provide equal educational opportunities to students with disabilities, including reasonable accommodations to students...
Words: 411 - Pages: 2
...Situation A – The Family and Medical Leave Act (FMLA) The Family Medical Act, Wage and Hour Division, under the United States Department of Labor that was enacted in 1993,necessitates that covered employers make available to employees leave that is related to work, and also unpaid for medical and family reasons that are considered fit. FMLA applies to employers with 50 or more employees, public agencies, and schools (Ford et al 2000). An employee is qualified for FMLA if they have reached 12 months of working for their employer, have worked for 1250 hours for him or her, and works where there at least 50 workers who are working for the same employer (The Family Medical Leave Act, 1993). It should be noted, however, that the leave period should not exceed 12 weeks for a period of 12 months. The conditions which enable one to benefit from FMLA are: * The delivery of a child, either a boy or girl or the placement of a girl or boy child with the employee for taking up or adoptive care (Ford et al 2000); * The care for an intimate such as a marital partner spouse, son, daughter, or parent who is very ill or injured; * If the employee has a serious health condition or injury that makes it almost impossible to do the tasks that they should do; or * For any eligible emergency that arises out of the point that an intimate such as a spouse, son, daughter, or parent is a member of the military on covered active duty or call to covered active duty status (Ford et al 2000)...
Words: 1181 - Pages: 5
...FMLA requirements to Employee A’s situation. First, Family Medical Leave Act (FMLA) requires 1,250 hours and 12 months of employment at the company (Wage, 2010). Employee A has been with Company X for two years; therefore this requirement has been met. Second, Employee A’s situation, his wife gave birth to premature twins, is eligible for FMLA unpaid according to The Family Medical Leave Act of 1993 (Wage, 2010). The Family Medical Leave Act of 1993, states employee is “…entitled to return to the same or similar position with the same benefits and rate of pay he was making before he went on FMLA” (Wage, 2010). Therefore, Employee A is entitled to return to the job he held; however, he is not entitled to payment during his leave. In summary, Company X is compliant with the Family Medical Leave Act of 1993. Therefore, Company X is not required to compensate Employee A for the 11 week time-frame he was unable to work. Situation B I have reviewed the situation of Employee B where he alleges age discrimination. Employee B is stating that he is being discriminated against when he failed to receive a promotion which he claims he was qualified to receive. His performance review from last month states his work was “above average”. The promotion was given to a co-worker who was 32 years old and whose previous month’s performance review reflected “adequate”. The Age Discrimination in Employment Act (ADEA, 2009) does not allow employers to discriminate against employees 40...
Words: 749 - Pages: 3
...many of our citizens have been discriminated against on the basis of race, gender, or disability. The Americans with Disabilities Act (ADA) of 1900 and Affirmative Action Acts are two ways our country has taken a stand against discrimination against minorities and those with disabilities. While both of these Acts were created to help ensure that each citizen receives equal and fair treatment they both have their share of controversy surrounding them. This writing will examine both ADA and Affirmative Action for both the positives and negatives that are attached to each Act. After years of disabilities rights groups lobbying congress, the Americans with Disabilities Act was signed into law on Jun 1990 by President George Bush. The ADA was designed to eliminate discrimination against those with mental or physical disabilities in regards to employment, telecommunications, transportation, and public services and accommodations. This law is to help ensure that all American people, regardless of physical or mental disability, has a fair shot at employment and other public services. The ADA requires that any business that employs 15 or more employees must make efforts to provide reasonable accommodations such as safe and accessible work environments, readers for those employees who can not see, allowing for adjustments in the employees schedule to accommodate appointments related to their disability, and other accommodations if necessary (Atkinson & Hackett, 2004). The ADA is not a...
Words: 801 - Pages: 4
...Aging and Disability Worksheet Identify 2 or 3 issues faced by the aging population. 1. Unequal treatment in employment - Poverty 2. Face prejudice and discrimination - Ageism 3. Face isolation – Elderly Abuse * What is ageism? How does ageism influence the presence of diversity in society? Ageism is the practice of prejudice of discrimination to the elderly. The way that ageism influences the presence of diversity in society is by robbing them of their choices, independence and treating them with disrespect. Also by treating them as if they are unable to handle things for themselves as if they have reverted back to an infantile stage. It should be noted that the elderly have a lot of knowledge and wisdom to bring to the table and are able to do the same if not more than society gives them credit for. Society also views elderly people as sickly, frail and unable to take care of themselves. * What is the Americans with Disabilities Act (ADA)? How does the ADA address issues for the aging population? The ADA is a civil rights law that was enacted in 1990 and that prohibits discrimination against individuals with disabilities. This law addresses the issues for the aging population by protecting anyone that is 40+ from being fired or from employment discrimination. It is designed to protect the aging and/or elderly from being passed over for a promotion or raise, however, it is difficult. This law does in fact protect against being fired...
Words: 1720 - Pages: 7
...Task 310.1.5: Labor and Employment Law Situation A: The Family and Medical Leave Act (FMLA) protects an employee’s job for up to 12 weeks under certain conditions. During the leave, an employee is not paid but is covered under the same health insurance plan. An employee is eligible for the FMLA if it is “for the birth and care of the newborn child of an employee, for placement with the employee of a child for adoption or foster care, to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition.” (United States Department of Labor) An employee is eligible if they have worked at least 1,250 hours during the last twelve months, the employer has over 50 employees, and they have been with their employer for twelve months. The employer is required to return the employee to the same or equivalent job and pay. The FMLA also allows extra leave for those caring for injured members of the military. The facts of the case are that employee A has been with Company X for two years and his wife prematurely gave birth to twins. After being on leave for eleven weeks, he has returned to work and has requested to be paid his salary while he was on leave. The new manager agrees to return him to his previous job at his previous pay. Since Company X has over 50 employees, it is required to abide by the FMLA rules. Under the FMLA, the employee is entitled to take up to twelve...
Words: 892 - Pages: 4
...different personalities, situations, and races. The topic that will be discussed today is the Americans with Disabilities Act of 1990 (ADA). The topics that will be covered will consist of the law itself, any amendments, and most importantly ADA rights to the employee. First lets discuss the ADA act of 1990. According to Snell and Bohlander’s book Managing Human Resources “the ADA, prohibits employers from discriminating against individuals with physical and mental disabilities and the chronically ill.” This law is to be enforced to any employer with 15 or more employees. According to Snell’s and Bohlander’s book “The law defines a disability as “(a) physical or mental impairment that substantially limits one or more of the major activities; (b) a record of such impairment; or (c) being regarded as having such an impairment.” Note the law also protects people “Regarded” as having a disability- for example, individuals with disfiguring burns. (1) This is particularly important for one to know especially in a management role. Since the regarded part of the ADA act of 1990 can be very broad and subjective. Another important piece of information is that the law says that as a hiring manager or company one is not allowed to ask the potential employee what their disability is. In addition one can not ask the potential employee to conduct any medical examination in regards to their disability. One is able to ask the potential employee to explain how he/she will perform a specific task...
Words: 782 - Pages: 4
...and Jenny Mills. The lay-off has to be done within the scope of law. FastServ must have justifiable reasons to lay-off the three employees else it could result in employees filing complaints claiming Age discrimination, discrimination against pregnant women and Violation of ADA. Based on the three employees that are going to be laid-off, the following three statutory or case laws are relevant to the situation. The Americans with Disabilities Act 1990 The Age Discrimination in Employment Act 1967 The Pregnancy Discrimination Act 1978 Brian Carter is one of the employees that will be laid-off since his skills and expertise will be redundant with the plug being pulled on the website business. He is an average performer and has attendance issues due to a debilitating injury that is affecting his work. If Brian Carter’s lay-off is because of the change in business plans, then the termination has a proper cause. If FastServ is laying-off Brian because of his injury that is causing his attendance issues, it will be in Violation of Americans with Disabilities Act 1990. Sarah Boyd is 53 years of age and the oldest employee amongst the five employees on the list of lay-off. The reason to lay-off Sarah Boyd is the automation of the Dispatch department which has caused her skills to be redundant. The management is not able to find another position across the company where her skills could be put to use. If a proper severance package is worked and agreed upon. There should be no issues...
Words: 521 - Pages: 3
...America has long been considered, “The American Melting Pot”, born on the ideas of differences. While America has long been rooted in this idea, it has not been easy for all groups of individuals to be accepted in America’s recent past. Like all differences, differences have the ability to be seen as a source of conflict, a source of achievement, or both. One of the main areas where acceptance has been a source of conflict in America’s past, has been individuals with disabilities. In the past, these individuals were seen as incapable of living normal day to day lives. Particularly, they were seen as incapable of having jobs or attending school like their peers. While disabled individuals have been a source of conflict in America’s past, the...
Words: 1256 - Pages: 6
...There has been discrimination in our society for centuries and as a result many with disabilities or those of color were passed over for employment and not given a fair opportunity due to physical appearance. Fortunately there was the executive order to pass affirmative action which guaranteed the hiring of those of color. However many feel that it is a “quota” system that gives jobs to under qualified minorities over qualified Caucasians. This undertone of resentment and judgment has lead to the repeal of the law in California particularly with the University of California system. But does it really benefit those of color to have affirmative action when many employers felt that they only need to hire the minimum number of minorities and still denying many qualified ones. On the same token the American Disabilities Act was passed to guarantee fair hiring of those with physical and mental disabilities due to many years of gross neglect in hiring practices by employers. This too, like affirmative action, assured the hiring of disabled individuals who were more than qualified for positions but were passed over due to physical or mental limitations. This was a positive change from the past where the disabled were overlooked for even basic accommodations. Also such things as wheelchair ramps and lifts to carry the handicapped onto public transportation were made possible by the passing of this act. There are also set backs to this as well. Many people with minor ailments having been...
Words: 813 - Pages: 4
