Americans with Disabilities Act

TL;DR

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against individuals with disabilities in employment, ensuring equal opportunities and access.

Transcript

legislation to provide equal employment opportunity for individuals with disabilities dates back to the vocational rehabilitation act of 1973 let's take a look at the Americans with Disabilities Act in 1990 Congress passed the Americans with Disability Act known as the ADA a to provide greater opportunities for access in general and employment in p... Read More

Key Insights

• 🧭 The ADA was passed in 1990 to provide greater opportunities and access for individuals with disabilities, particularly in employment.
• ❓ Nearly 20% of the US population has a disability, as revealed by a US Census study.
• ⚾ The ADA prohibits discrimination based on disability and defines qualified individuals as those who can perform essential job functions, with or without reasonable accommodation.
• 🧭 The ADA Amendments Act of 2008 was passed to clarify and strengthen the original ADA after some Supreme Court rulings created confusion.
• ⚾ Reasonable accommodation should be provided unless it creates an undue hardship for the employer based on their financial resources and operations.
• 😅 Major life activities include activities necessary for independent living, such as breathing, walking, and eating.
• 😷 Employers should keep medical information separate to ensure confidentiality, only sharing it with individuals who have a legitimate need to see it.

Questions & Answers

Q: What is the Americans with Disabilities Act (ADA)?

The ADA is a legislation passed in 1990 that aims to provide equal opportunities and access for individuals with disabilities, particularly in employment. It prohibits discrimination based on disability.

Q: Who does the ADA protect?

The ADA protects individuals with disabilities, which include physical or mental impairments that substantially limit major life activities. It also covers individuals with a record of such impairments or who are regarded as having them.

Q: What are major life activities?

Major life activities include breathing, walking, eating, and activities associated with being able to live independently and care for oneself. It also includes the operation of major bodily functions.

Q: What does it mean for someone to be qualified under the ADA?

Under the ADA, a qualified individual is someone who can perform the essential functions of the job, with or without reasonable accommodation. This means having the necessary knowledge, skills, abilities, or other characteristics required to perform the job.

Q: What is considered an essential function of a job?

An essential function is a task, duty, or responsibility that must be done for a specific position. If someone else can perform the function or assist in performing it, it may not be considered essential. If the job exists to perform that function or there is no one else to assist, the function is considered essential.

Q: What is reasonable accommodation?

Reasonable accommodation refers to modifications made in how the work is done or in the work environment, allowing a qualified person with a disability to perform the job. It is not required if it creates an undue hardship for the employer.

Q: How is undue hardship determined?

Undue hardship is determined by considering the difficulty and expense of the accommodation relative to the size, financial resources, structure, and nature of the company's operations. It may not be required if it would impose a significant financial burden on the employer.

Q: How should medical information be handled in relation to the ADA?

Employers should keep all medical information separate from other personnel records to ensure confidentiality. Only individuals with an absolute need to access the information, such as supervisors working on reasonable accommodations or emergency medical technicians treating workplace injuries, should have access.

Summary & Key Takeaways

• The Americans with Disabilities Act (ADA) was passed in 1990 to provide greater opportunities and access for individuals with disabilities, particularly in employment.

• Nearly one in five people in the United States has a disability, as revealed by a US Census study in 2010 coinciding with the 20th anniversary of the ADA.

• The ADA prohibits employers from discriminating against qualified individuals based on their disability and defines qualified employees or applicants as those who can perform the essential functions of the job, with or without reasonable accommodation.