Premium Essay

Americans with Disabilities Act of 1990

In: People

Submitted By ruthell54
Words 2973
Pages 12
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 discrimination against individuals with disabilities (Jackson, Mathis, 2003, p. 112).

The ADA affects more than just employment matters. All employers with 15 or more employees, fall under the provisions of the ADA. The EEOC is responsible for enforcing the “employment provisions of the ADA under the same procedures as Title VII of the Civil Rights Act of 1964” (Jackson, Mathis,…...

Similar Documents

Premium Essay

The Americans with Disabilities Act

...The Americans with Disabilities Act (ADA) makes it unlawful for an employer with 15 or more employees to discriminate against a qualified individual with a disability. The Michigan Persons with Disabilities Civil Rights Act, which is similar to the ADA in many respects, covers employers with one or more employees. This article addresses a number of disability law issues relevant to employers. The ADA applies to a person who has a physical or mental impairment that substantially limits one or more major life activities (like walking, standing, or breathing). Examples include individuals who have physical conditions such as epilepsy, diabetes, severe forms of arthritis, hypertension, or carpal tunnel syndrome, as well as individuals with mental impairments such as major depression, bipolar (manic-depressive) disorder, and mental retardation. An individual with a disability must be able to perform the essential functions of the job, with or without an accommodation, in order to be protected by the ADA. The individual must also be otherwise qualified for the position. This means that an individual must be able to satisfy the job requirements for educational background, employment experience, skills, licenses, and any other job-related qualification standards. Essential functions are the fundamental job duties of the position. Relevant factors include: whether the reason the position exists is to perform that function; the number of other employees available to perform the......

Words: 431 - Pages: 2

Premium Essay

America and the Disability Act

...The Americans with Disabilities Act (ADA) is a tool that works for all individuals that have disabilities. “The Americans with Disabilities Act (ADA) is a law that prohibits, under certain circumstances, discrimination based on disability” (2011). To understand this act yo0u must first understand what a disability realistically is. “A disability is a physical or mental impairment that substantially limits a major life activity” (2011). This particular acts works for many individual that have disabilities that alter their abilities to do certain thing and they should be discriminated on because of disabilities. I strongly feel that this a great act that needs to be enforced in all setting daily. This act not only protects these individuals that do not function as well as others, it also protects their rights and dignity in so many ways. Many people in today society are usually giving a fair chance because of their disability but this law gives them the extra push to move forward and act upon any type of discrimination. This can be a touchy subject because many employers, landlords and other member of society tend to give people the deaf ear. They may feel that these individual are not as suitable or qualified as other applicants or may just not want to deal with these hassle of accommodating to disable individuals but in all law work for the great good in some instances and I truly feel that this law is work for the great good of society. ...

Words: 259 - Pages: 2

Free Essay

Americans Disability Act Paper

...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......

Words: 782 - Pages: 4

Premium Essay

Americans with Disabilities Act

...decades after the passage of the Civil Right Act of 1964, a federal law passed giving people with disabilities the same rights as minorities and women. This law, the Americans with Disabilities Act (ADA) of 1990, gives people with disabilities the right to compete fairly for jobs. ADA also gives people with disabilities the right to shop where they please, stay in whatever hotel they choose, and patronize any establishment open to the public; the right to use public transportation; and many other rights. Before the ADA became law, it was legal for most employers to look a person with a disability in the eye and say,” you have dyslexia. I will not hire you.” Today, employers (with 15 or more employees) cannot do that. The goal of the law is simple. It is to eliminate discrimination against people with disabilities. Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state, local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employee under section 501 of the Rehabilitation Act, as amended and its......

Words: 1016 - Pages: 5

Free Essay

American Power Act

...  Summary of the American Power Act (Kerry‐Lieberman)  On May 12, 2010, Senator Kerry (D‐MA) and Senator Lieberman (I‐CT) released their draft legislation,  the American Power Act (APA). This bill contains a comprehensive, sector‐based approach to enhancing  energy security, spurring the development and deployment of clean energy technologies, and reducing  greenhouse gas emissions. The bill contains the following seven titles: domestic clean energy  development, global warming pollution reduction, consumer protection, job protection and growth,  international climate change activities, community protection from global warming impacts, and  budgetary effects.     Domestic Energy Production    In an effort to increase production of nuclear power, Title I of the bill roughly triples the size of the  existing loan guarantee program to $54 billion, doubles the current regulatory risk insurance program to  cover up to 12 reactors, includes a range of tax incentives, and streamlines aspects of the licensing  process.      To expand domestic supplies of oil, the bill provides for revenue sharing from drilling in areas of the  outer continental shelf that were formerly subject to drilling moratoria with 37.5 percent of revenues  directed to states and 12.5 percent for use under the Land and Water Conservation Fund. It allows a  state to enact a law prohibiting drilling within 75 miles of its coastline and requires the Department of ......

Words: 1461 - Pages: 6

Premium Essay

M2A2 American Disabilities Act

...Argosy University M2A2 American Disabilities Act Cultural Diversity in the Workplace | MGT450 A01 Faculty: Dr. Karen Marando M2A2 American Disabilities Act Cultural Diversity in the Workplace | MGT450 A01 Faculty: Dr. Karen Marando The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. With the goal to make American Society readably available to people with disabilities. In 2008, the ADA Amendments Act (ADAAA) was passed. The intention of this act was to widen the definition of disability, a definition that had been narrowed by decisions of the U.S. Supreme Court. The Americans with Disabilities Act has five section referenced as “Titles”: 1. Title 1, “Employment” Title I requires effected employers to provide reasonable accommodations for applicants and employees with disabilities and guards against discrimination on the basis of a disability in all areas of employment. According to the act examples of reasonable accommodation includes, making work-sites and/or workstations accessible, restructuring jobs, modifying schedules, providing interpreters, modifying equipment and creating accommodation policies. 2. Title 2, “Public Services” Under Title II, public services must provide equal services to individuals with disabilities cannot deny services to people with disabilities as they do to people without disabilities. Also, public transportation systems, must be accessible to individuals with disabilities. 3. Title 3 “Public......

Words: 712 - Pages: 3

Premium Essay

American Disabilities Act 1990

...Americans with Disabilities Act 1990 The American Disabilities Act of 1990 is “one of the farthest-reaching acts concerning the management of human resources.” (Noe) The act extends to the disabled protections against discrimination similar to those provided to individuals on the basis of race, color, sex, national origin, and religion by the Civil Rights Act of 1964. The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. People with disabilities represent a talent pool that too often goes under- utilized. ”People with disabilities experience discrimination because of negative attitudes regarding their ability to perform work and because of physical barriers imposed by organizational facilities.” (Bohlander) Barriers placed on them undermine their efforts to get an education, find a job, and become a productive member of society. By breaking down some of these barriers the ADA benefits society by enabling it to take advantage of the skills, talents, and purchasing power of this often under-utilized pool of talent. Discrimination against the disabled was first prohibited in federally funded activities by the Vocational Rehabilitation Act of 1973. This act required private employers with federal contracts over $2500 to take affirmative action to hire individuals with mental or physical disabilities. However the disabled were not listed......

Words: 5788 - Pages: 24

Premium Essay

Americans with Disability Act

...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,......

Words: 1443 - Pages: 6

Premium Essay

Americans with Disabilities Act

...Critique of the Americans with Disabilities Act and Affirmative Action Amaris Joy, Yahoo Contributor Network Jul 11, 2011 "Share your voice on Yahoo websites. Start Here." * ------------------------------------------------- More: * ------------------------------------------------- Americans with Disabilities Act * ------------------------------------------------- Americans with Disabilities Flag Close Post a comment Incidents of discrimination and matters of civil liberties often instigate changes in laws, statutes, and public policies. This paper will address the history of the American with Disabilities Act and Affirmative Action along with the pros and cons associated with each act. Americans with Disabilities Act The Americans with Disabilities Act (ADA) was passed into law in 1990 and prohibits employers and universities from discriminating against individuals with disabilities. The act also requires institutions to make reasonable accommodations at the request of the disabled employee or student. Requests that place "undue hardship" on institutions are exempt from the law; institutions are not legally required to comply. The law states that individuals must inform the institution of all possible means of accommodation; the institution may choose the most convenient and financially feasible option (The U.S. Equal, 2008). Pros of Americans with Disabilities Act The ADA permits disabled individuals to receive an education and obtain employment......

Words: 1714 - Pages: 7

Free Essay

Individuals with Disabilities Act

...A. 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; 1 Free Appropriate Public Education(FAPE): In this component, the IDEA pledges that all students with a disability must be provided at a no cost public education services that is appropriate to his or her special needs within the public school system. 2 Least Restrictive Environment is the second component. This component ensures the student will receive a free appropriate public education with the least restrictive environment. It also contends the IDEA’s beliefs, that educating students within the general education population as well as the general education curriculum is the first priority that the IEP team must consider. 3 Individualized Education Program (IEP) Is the third component. This component will make certain that child with disabilities will be given the suitable as well as the individualized education. The IDEA states that after evaluating the information that is gathered, the IEP group will prepare a written document stating the special educational services available to the student. The steps involved in the IEP procedure include the......

Words: 2128 - Pages: 9

Premium Essay

Individuals with Disabilities Education Act (Idea)

...Individuals with Disabilities Education Act (IDEA) Diversity and Inclusion FDT 4/5 Natalie C. Miller May 4, 2012 Western Governors University   Individuals with Disabilities Education Act (IDEA) Before Congress enacted the Education for All Handicapped Children Act of 1975, an underserved number of children in the United States living with disabilities received a fair education. The Education for All Handicapped Children Act of 1975 (PL 94-142) enabled states to provide for and improve the availability of an education for individuals with disabilities. Renamed the Individuals with Disabilities Education Act (PL 101-476) or IDEA in 1990 (Allen and Cowdery, 2009) the amended Act authorizes a Free Appropriate Public Education for children with disabilities from birth to 21 years of age. Since 1990, amendments to IDEA now include changes to how the Individualized Education Programs are implemented; funding is appropriated; identification and determination of children with disabilities; due process procedures for parents of children with disabilities; and the effectiveness of educational services for children with disabilities. This paper will summarize the various changes to IDEA since the acts inception, and the guidelines and steps needed to create an IEP. Six Key Components of the Original 1975 IDEA The Individuals with Disabilities Education Act of 1975 mandates states and public schools provide a “Free-Appropriate Public Education” to......

Words: 4538 - Pages: 19

Free Essay

Impairment and Disability Act homes being restrained supposedly for there and others around them own protection and have been physically man handled beyond what the restraint should have been, this could have been an intentional tort. How can intentional torts arise in the healthcare field? Students are to be prepared to discuss their answers. Intentional tort results when a person intends to do the wrongful act. An intentional tort can arise in the health care field when a physician or a hospital admits a patient against the patient's will without proper diagnostic as in the Stowers v. Wolodzko case. The doctor or psychiatrist here with the help of the patient's husband took the patient to a mental institutional against the patient's will and based on NO diagnosis. Also, by forcebly giving a medication to the patient that she does not need in the first place could be taken as an intentional tort because the doctor knows very well that the patience is not mentally ill and there is no such proof anyway. Also, by intentionally depriving a patient of her right to seek release, the doctor has committed a wrongfull act he intended to commit....

Words: 603 - Pages: 3

Premium Essay

My Paper on "Americans Disability Act of 1990"

...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......

Words: 870 - Pages: 4

Premium Essay

Disabilities Act

...Americans with Disabilities Act As a person with a disability, I felt it was only right for me to do my essay on the Americans with Disabilities Act and the way Human Resource management has to deal with it. I had my right leg amputated below the knee, which had a major impact on my life, but I refused to let it alter my life in a negative way. I was skeptical about going back into the workplace; for fear that I would not be able to perform the duties that I had once done. With a lot of research, I found that a prosthetic leg could improve my mobility and give me the confidence that I need to get back out there. After I received my prosthesis, I caught life by the tail and made it my own again. I learned how to put all of my weight on my prosthesis, which made it impossible for anyone to know it even existed. I decided that my disability was not going to hinder me; instead it was going to help me prove that a person with a disability could be a valuable asset to any company. The Americans with Disabilities Act is one of the most important regulations in the history of American. This act gives civil rights fortifications to persons with disabilities in public adjustments, employment, transportation, state and local government services, and telecommunications; this is comparable with the Civil Rights Act of 1964, which prevented discrimination on the basis of race, color, sex, national origin, age, and religion. previous to this act being passed, employers were at liberty to......

Words: 1420 - Pages: 6

Premium Essay

Americans with Disability Act

...Americans with Disabilities Act was established to restrain illegal discrimination in employment against individuals qualified to be disabled. The purpose of the law was to generally end discrimination in the place of work and to deliver equal employment chances for individuals living with disabilities or have had histories of disabilities. The act defends employees that experience physical or mental deficiency that greatly limits a key life activity. In addition to that, it protects the rights of employees with a history of disability and those that employers regard as being disabled even when in the real sense they are not. The main goal of this law is to simply eradicate discrimination against people with disabilities. Even with the existence of this law, there are still employers who have gone against the odds to discriminate against their disabled employees by failing to provide them with flexible programs and failing to assess safety hazards for those disabled individuals who need to use wheelchairs to move around. Other employers have failed to cater for medical treatment of their employees and others do not put into consideration that their impaired employees need part time work schedules as well as frequent breaks. There have been several, if not many, cases that have indicated the failure of employers to treat their disabled employees as required by the law. Several dependent companies were sued for discriminating against a disabled New Yorker living with AIDS.......

Words: 940 - Pages: 4

BABY BORN DOLLS CLOTHES RED or WHITE SUMMER WITH HEARTS OUTFIT | AVG PC TuneUp 2015 v15.0.1001.604. | Giovanni Boldini Signora in bianco Stampa su tela Canvas effetto dipinto