Americans With Disabilities Act Essay - 890 Words

The Americans with Disabilities Act (ADA) states that an employer may not discriminate against a qualified individual with a disability. (US Airways, Inc. v. Barnett). A qualified individual includes, but is not limited to, an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the relevant employment position. Id. â€Å"Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.† (PPM6Slide12)†¦show more content†¦Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employers size, financial resources and the nature and structure of its operat ion. (PPM6Slide14). Although An employer discriminates under the ADA if it does not make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee, if the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business, the employer does not fall within the meaning of ADA discrimination. ( EEOC v. Ford Motor Co). The ADA directs the court to consider several factors when determining whether an accommodation imposes an undue hardship on an employer: (1) the nature and cost of the accommodation; (2) the financial and personnel resources of the affected facility; (3) the resources of the employer as an entity; and (4) the structure and functions of the employers workforce. Id. If an accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. (PPM6Slide15). If the co st of the accommodation causes the undue hardship, the employer must consider whether the funding for an accommodation is available from an outside source. Id. In addition, the employer must give the applicant or employee withShow MoreRelatedAmerican With Disability Act Essay1127 Words   |  5 Pagesof Employers Under the American with Disability Act Candyce D. Watson Columbia College According to the Office of Disability Employment Office, â€Å"The Americans with Disabilities Act (ADA) is a landmark federal law that protects the rights of people with disabilities by eliminating barriers to their participation in many aspects of living and working in America. In particular, the ADA prohibits covered employers from discriminating against people with disabilities in the full range of employment-relatedRead MoreAmericans With Disability Act Essay1180 Words   |  5 PagesIntroduction The history of the Americans with Disabilities Act began long before it was originally introduced to Congress in 1988. (Mayerson, 1992). There isn’t one person responsible for the ADA but rather thousands of Americans who have fought for the rights of people with disabilities and constantly worked to make their lives easier. People with disabilities for a long time were thought of as outsiders in society and were shunned by the majority. It wasn’t until the 1900’s when organizationsRead MoreThe Americans with Disability Act Essay1002 Words   |  5 Pagesstandards have been set forth to provide disabled people with the same opportunities to access content available on the World Wide Web, as it is most of the World’s population. The presence of medical conditions, classified as disabilities by the Americans with Disabilities Act as, â€Å"†¦a physical or mental impairment that substantially limits one or more of the major life activities of an individual†¦ (2008, Sect.4), has created a demand for equality on the W. W. W. similar to demands of equality by previousRead MoreAmericans With Disability Act Essay882 Words   |  4 Pages The signing of the American’s with Disabilities Act (ADA) on July 26, 1990, was one of the largest gatherings for the signing of a piece of legislation in the history of the United States. It passed Congress with overwhelming bipartisan support. President George H.W. Bush hailed the bill as an unambiguous civil rights achievement. The ADA expands civil rights to disabled individuals similar to those provided to on the basis of race, gender, age, and religion. It is a civil rights law that prohibitsRead MoreEssay The American with Disabilities Act2290 Words   |  10 Pagestypical for a common person, who is free from disability. In my opinion, the quote â€Å"All men are created equal† serves to promote a friendly environment that helps encourage equality among people and aids to recognize the similarities rather than the differences that separates men. Even so, with this hope, the disabled community still struggles for equality. According to Legal Rights by the Nati onal Association of the Deaf (NAD), â€Å"Almost 10 percent of all American have some kind of hearing loss. These tenRead MoreEssay on The Americans with Disabilities Act (ADA)1448 Words   |  6 PagesThe Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the persons physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national originRead More Americans With Disabilities Act (ADA) Essay757 Words   |  4 Pages Americans With Disabilities Act (ADA) Approximately 54 million non-institutionalized Americans have physical, intellectual, or psychiatric disabilities (Hernandez, 2000). . The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADAs ban againstRead MoreEssay on The Americans with Disabilities Act of 19902598 Words   |  11 PagesThe path to enacting the Americans with Disabilities Act (ADA) is the history of the disability rights movement and its struggle to attain a better chance for equality not unlike other minority groups. The Disability community came to realize that the problem they were fighting was discrimination. The Disability community came face to face with some of the same problems and challenges that every individual who is in the minority faces. However, a disabled individual was not considered to be inRead MoreEssay on The Americans with Disabilities Act Impact on Business1096 Words   |  5 PagesThe Americans with Disabilities Act of 1990 that was signed into law by George H. W. Bush is one of the most comprehensive pieces of legislation dealing with civil rights today. It was instrumental in protecting the rights of the mentally and physically disabled. The law has made many contributions to America as a country and helped it enter the modern world as a socially diverse nation. It was amended in 2008 by George W. Bush, who continued the work of his father in protecting disabled peoplesRead MoreEssay on Section 504 and The Americans with Disabilities Act951 Words   |  4 PagesOver forty million Americans are disabled, whether it is a physical, sensory, cognitive, or mental disability. Section 504 of the Rehabilitation Act was signed into law in 1973. This law states that no handicapped individual shall be disqualified from partaking, be denied benefits of, or be subjected to discrimination under any program receiving federal financial assistance. The foundation of the Section 504 is from the language of preceding civil rights laws that sheltered women and minorities.