Managing Disability
A Business Guide to ADA Compliance
 
The Americans with Disabilities Act 1990
 
The Americans with Disabilities Act ("ADA") is unlike any other civil rights statute. The ADA is a comprehensive federal prohibition against direct and indirect discrimination on the basis of disability in employment, public accommodations, transportation, communication, education, recreation, health services, voting and access to public services. Te ADA is an outgrowth of the Rehabilitation Act of 1973 which applies only to the federal government, federal contractors and entities receiving federal funds. The ADA is the first comprehensive civil rights law for persons with disabilities that applies to the private sector and State and local governments.
 
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Disability Discrimination
 
The ADA prohibits both intentional and unintentional disability discrimination. A policy, practice or procedure that has the unintended effect of screening out an individual with a disability or that happens to make goods or services inaccessible is unlawful discrimination in the same way that a person with a disability is rejected in employment because of fears and stereotypes related to her impairment. The ADA aims to level the playing field and integrate persons with disabilities into mainstream society. The ADA is a national mandate to provide individuals with disabilities an equal opportunity in all aspects of society. However, the ADA is not an affirmative action law and equal opportunity does not always mean equal outcome. In other words, an employer is not required to hire a person with a disability if she is not the most qualified applicant for the position. The ADA does however, prohibit an employer from rejecting an individual with a disability for a position for which she is qualified if the hiring decision is because of fears, presumptions and stereotypes related to the person's disability.
 
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Employment Discrimination
 

The ADA prohibits discrimination on the basis of disability in all aspects of employment. This includes job application procedures, recruitment, hiring, advertising, testing, medical examinations, compensation, training, performance evaluations, disciplinary actions, advancement, tenure, promotion, leave of absence, termination, layoff/recall, benefits, and other terms, conditions and privileges of employment. The ADA requires employers to respond to the individualized needs of persons with disabilities on a case-by-case basis, instead of acting upon generalizations made about the capabilities of a person with a disability. Unlawful employer conduct under the ADA includes the following:

  1. limiting, segregating or classifying a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee because of the individual's disability;
  2. participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to prohibited discrimination;
  3. utilizing standards, criteria or methods of administration that have the effect of
    discrimination on the basis of disability;
  4. utilizing standards, criteria or methods of administration that perpetuate the discrimination of others who are subject to common administrative control;
  5. excluding or denying equal jobs or equal benefits to a qualified individual because of a known disability of an individual with whom the qualified individual is known to have an association or relationship;
  6. not making reasonable accommodations to the known physical or mental limitation of an otherwise qualified applicant or employee with a disability, unless the covered entity can demonstrate that the accommodation would impose an undue administrative or financial hardship;impose an undue administrative or financial hardship;
 
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Making the ADA Good Business
 
The Americans with Disabilities Act of 1990 (ADA) has changed the way Americans do business. The ADA calls for businesses to make their mall facilities, goods and services accessible to all, including persons with disabilities. The ADA is good business because access for everyone, including over 50 million Americans with disabilities, is the key to attracting new customers and retaining those clients currently served. Congressional findings in 1990 established that the ADA is a national mandate guaranteeing persons with disabilities a level position in mainstream society by assuring equality of opportunity, full participation, independent living and economic self sufficiency. The ADA gives civil rights protection to individuals with disabilities similar to that provided to individuals on the basis of race, sex, national origin, age and religion. The ADA guarantees equal opportunity and equal access to individuals with disabilities in employment, public accommodations, State and local government services, transportation and telecommunications.
 
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**Source: http://www.ada.com
 
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