ADA_-_Tagged

Americans with Disabilities Act of 1990

Overview

  • The Americans with Disabilities Act (ADA) was enacted in 1990.

  • Its primary purpose is to establish a clear and comprehensive prohibition of discrimination based on disability.

Structure of the ADA

  • The ADA is divided into five titles:

    • Title I: Employment discrimination.

    • Title II: Equal access for the disabled to public services, including public transportation.

    • Title III: Equal access for the disabled to public accommodations, including private businesses and services (with exceptions for certain private clubs and religious services).

    • Title IV: Equal access for disabled patrons to telecommunications services.

    • Title V: Miscellaneous section.

Title I: Employment Discrimination

Scope of Title I

  • Title I applies comprehensively to various aspects of employment:

    • Recruitment and selection processes.

    • Training and professional development.

    • Employee benefits and promotions.

    • Discipline and retention strategies.

Reasonable Accommodations

  • Employers are required to provide reasonable accommodations, which may include:

    • Providing a teacher's aide for educators with physical and mental limitations.

    • Offering reasonable alternatives for employees unable to drive due to terminal illnesses.

    • Implementing lifting restrictions for nurses dealing with back pain.

    • Allowing home-based work for clerical staff with multiple sclerosis.

Unreasonable Accommodations

  • Some accommodations may be deemed unreasonable or cause undue hardship. For example:

    • Extensive workplace redesign to accommodate a paraplegic employee may be considered excessive cost.

Employment Candidate Considerations

  • Candidates with disabilities can be rejected if:

    • They are unable to perform essential job functions due to their disability.

    • They pose a direct threat to others or significant risk that cannot be mitigated by reasonable accommodations.

Qualifications and Exclusions

  • The ADA does not obligate employers to hire or promote anyone other than the best qualified candidates.

  • Individuals excluded from the statutory definition of DISABLED include:

    1. Illegal drug users and abusers of alcohol.

    2. Compulsive gamblers, kleptomaniacs, and pyromaniacs.

    3. Pedophiles, exhibitionists, and voyeurs.

    4. Homosexuals and bisexuals.

    5. Persons with gender identification issues and various sexual disorders.