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Americans Disability Act Paper

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“We will never have true civilization until we have learned to recognize the rights of others.” Once said Will Rogers. This is true as we continue to become a diverse melting pot of 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 that will be assigned to them. However according to www.ada.gov question and answer section test for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions of such examinations. As some situations were not covered with the original ADA law there was a recent amendment that was placed. In 2008 there was an amendment to the ADA law called Americans with Disabilities Act Amendments Act (ADAAA). According to the U.S. Equal Employment Opportunity Commission “the Act makes important changes to the definition of the term disability. The effect of this changes is to make it easier for an individual seeking protection.” This amendment was enacted on September 25, 2008 and became effective on January 1, 2009. This new amendment allowed protection for people with such impairments as Cancers, diabetes and epilepsy. It also broaden the spectrum to have a person with an impairment that restrict a life activity to be able to be consider under the ADA law. One that was identified in the Equal Employment Opportunity website as restricting a life activity but is not consider to be a disability is wearing contact lenses or glasses. However in the contrary there were some such as HIV Aids that were added to always be considered disabilities. Finally we will discuss the ADA rights to the employee. These are the things that the human resources manager and upper management must make sure that are always followed and offer to those with a disability. An employee unable to perform its job function must be always offered reasonable accommodation. Such as lower light switches, at times special machines or technology to complete job, reassignment to a vacant position, and part- time or modified work schedule. By law the ADA employee has the right to refuse a medical examination as this is agains the law. The ADA employee may not also be asked about them having a disability in their interview. Any person using illegal drugs is not covered by the ADA law. If an employee belives they have been discriminated against due to their disability the Equal Employment Comission says they have 180 days after the discrimination happened to file a claim. However an exception to this law is if there is also a state or local law that can be combined with the discrimination then the employee has 300 days. Also for companies needing to buy new equipment or make changes to their structure there is certain government tax grants that are offered to help cover these cost. In conclusion there is many resources that the ADA law has made available to those individuals with disabilities. There is also an abundance of resources for companies looking to comply with these laws and accommodations. The ADA law has given the individuals with a disabilities a voice and chance to be accepted in the workplace. This law has help decreased discrimination and it has helped employers better understand the employee with a disability.

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