Wednesday, June 17, 2009

The Americans with Disabilities Act of 1990

Americans With Disabilities Act
The Americans with Disabilities Act of 1990’s main purpose is to prevent discrimination of a person based on disability. The Act states that if a person with a disability is just as qualified or more qualified than a person without a disability, the person with the disability shall be given an opportunity equal to that of the person without a disability. Since the term “disability” can be ambiguous, the Act defines what it means to have a disability and goes on to outline a rule for employers and a list of actions that would be considered discriminatory to a person with a disability.
The ADA defines the term “disability” as: “(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or(C) being regarded as having such an impairment” (The Americans with Disabilities Act). The Act further goes on to define the phrase “major life activities” as: “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions” (The Americans with Disabilities Act). The Act also states that activities considered to be “major life activities” are not limited to this list. There may be other activities that are major life activities that are not listed in the Act.
The general rule that was passed with this act states: “No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment” (The Americans with Disabilities Act). The Act also goes on to define the phrase “discriminate against a qualified individual on the basis of disability” in a series of points. These points are as follows: 1) an employer cannot put a person with disabilities into a group that would have a negative effect on the opportunity or employment status of that person because of a disability, 2) an employer cannot participate in a contract or agreement with a labor union or subchapter of that sort that would place the person with a disability in a position of discrimination that is prohibited by the subchapter , 3) an employer cannot employ methods of administration that would promote discrimination on the basis of disability, 4) employers cannot discriminate on the basis of a known relationship between a person and a person with a disability, 5) employers will make reasonable accommodations for people with disabilities, 6) employers cannot use standardized employment tests to prevent people with disabilities from qualifying for employment, 7) an employer must use tests that will accurately show the skills of a person with disabilities. (The Americans With Disabilities Act)

Works Cited
The Americans with Disabilities Act, Http://www.eeoc.gov/policy/ada.html § I, V et seq. (1990).

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