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Managing
Disability
A Business Guide to ADA Compliance |
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| The
Americans with Disabilities Act 1990 |
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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 |
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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 |
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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:
-
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;
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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;
-
utilizing standards, criteria
or methods of administration that
have the effect of
discrimination on the basis of
disability;
-
utilizing
standards, criteria or methods
of administration that perpetuate
the discrimination of others who
are subject to common administrative
control;
-
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;
-
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 |
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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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