The America with Disabilities Act was brought into effect on July 26, 1990. According to this law, people who have any disability will not be discriminated on any grounds in any area be it employment, transportation, public accommodations, communications and access to state and local government’ programs and services.
The law was created to provide equal employment opportunity to Americans with disabilities. Based on the terms put by ADA, any private employer, employment agency, state or local government and labor union are not allowed to discriminate against any disabled person who has all the necessary qualification for the job.
American with Disabilities Act (ADA) identifies people with disability by certain key points. Some of them are listed below:
• Those who have any physical or mental impairment that has a major impact on their daily activities and restricts them from leading a normal life.
• Has a record of any such impairment
• Is considered to have such an impairment
(Image Courtesy: Wikimedia Commons)
Since the ADA is concerned with the employment opportunities of a disabled person, Title I of the ADA functions to safeguard the rights of employees and job seekers. An individual who falls into this category of being well qualified for the job but suffering from a disability is one who with or without reasonable accommodation can perform all the cognitive functions of a job. The reasonable accommodation provided to such a candidate includes the following:
#1. Making certain changes so that the disabled person should be able to aces the facility easily and without much difficulty.
#2. Making some changes in the work schedule, job restructuring and allocating to a vacant position.
#3. Making changes in the equipment or devices that are being used, adjusting examinations, training materials, or policies and bringing in qualified readers and interpreters.
#4. The employer is not supposed to bring down the quality or production standards to make the required accommodation.
#5. The employers are also not permitted to ask medical or disability-related questions during an interview or on the job application form. The only exception to this rule is asking the applicant to disclose their disability for affirmative action purposes voluntarily.
#6. Also, an applicant can be asked questions regarding their ability to perform certain tasks that are part of their job description. If a certain job profile requires a medical test for all applicants, a candidate with disabilities can be asked to undergo it.
(Image Courtesy: HCCMO)
Americans with Disabilities Act also bring down the hammer hard on those who harass an applicant or an employ for being disabled. This can also be a disability that the person suffered in the past or is believed to have any disability which is not temporary and minor. Harassment of such a person done verbally by making offensive remarks about their disability, this is excluding of teasing comments, or anything said on a lighter note, will be treated under strict laws.
The Internal Revenue Code also plays a major role in making work easier for disabled employees by allowing businesses tax credit to provide accommodation to the handicapped. ADA does not cover any applicant who is a drug user or an alcoholic.
Do you think it is important for businesses to provide necessary resources to the disabled? Share your views using the comment box below.
(Featured Image Courtesy: MLive)