Principle of ADA

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by kbaillie
Last updated 5 years ago

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Subject:
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Principle of ADA

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, State and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including State and local governments. It also applies to employment agencies and to labor organizations. (http://www.ada.gov/ada_title_I.htm)

Law

Reasonable Accommodations

Prohibitation Against Discrimination

Enforcement ofTitle 1

Title 1 of ADA: Employment

Title 1 protects people with disabilities in the following areas:job application processes, hiring, advancement, firing, compensation, training, other terms and conditions of employment. Discrimination can by defined by ADA as "limiting of classifying applicants/employees in a way that adversely effects the employment status of that person." Title 1 is not an affirmative action mandate, meaning the decision is still based on qualifications. An employer does not need to hire because of disability, but the decision may not be related on the disability. All decisions should be made based on job qualifications. (Yell, 2016)

Title 1 is enforced by the EEOC. There is administrative and individual enforcement of ADA. You must go through adminstrative solutions before taking judicial action. You make a claim within 180 days and the EEOC will investigate and try for settlement between the two parties. The resolutions under ADA are: injunctive relief, reinstatement, and compensatory damages. Attorney fee's can be awarded when taken to trial court.To learn more, visit: http://www.ada.gov/ada_title_I.htm(Yell, 2016)

When barriers are removed from a work environment to help an individual with a disability perform a job these are reasonable accommodations. Examples include: modified work schedule, providing qualified readers or interpreters, making a facility accessible to the individual, or restructuring the jobCertain factors are used to help determine if an accommodation is reasonable or unreasonable. (Yell, 2016)


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