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ADA

The Americans with Disabilities Act (ADA) of 1990

The purpose of the Americans with Disabilities Act (ADA) is to provide equal access and opportunity for the more than forty-three million disabled Americans living in the United States. On July 26, 1990, President Bush signed into law the ADA. The world's first comprehensive civil rights law for people with disabilities, this event was a historical benchmark and a milestone in America's commitment to full and equal opportunity for all citizens. The President's directive on that day was, "Let the shameful walls of exclusion finally come tumbling down" ( n.a. no author. gopher://trace.wisc.edu/00/ftp/PUB/TEXT/ADA_INFO/HANDBOOK/PREAMBLE

.TXT). The ADA entitles disabled citizens to legal protection, equal opportunity, and access to all jobs.

Who does the ADA protect? It protects any individual with a physical or mental impairment that substantially limits one or more of the major life activities of a person, or a record of this impairment, or being regarded as having such impairment. The following are examples of individuals who qualify under the ADA: those who are blind, in a wheel chair, facially disfigured; however, the less apparent disabilities are hearing loss, m


that Chuck E. Cheese would argue that this act was acceptable because they believed this human being could not feel the pain of this humiliation."

involves such things as systemically observing what is done on the job, receiving input from job incumbents, receiving input from job experts, and describing the essential functions of the job in a written format.

The next case study is one involving a questionable jury decision. In January 1999, a former truck driver for Ryder Systems, Inc., won a $ 5.5-million jury verdict after claiming, under the ADA, that Ryder unfairly removed him from his position after he suffered an epileptic seizure. Ryder stated that his health condition could be a safety

Since 1990, there have been thousands of ADA lawsuits filed by American citizens. Some of the lawsuits are obvious cases of discrimination that have resulted in favorable verdicts worth millions of dollars. On the other hand, there have been thousands of questionable lawsuits, which have also had favorable verdicts. These questionable

In summary, the ADA is not clear on exactly what the essential functions of a job are, what is considered a reasonable accommodation or considered an undue hardship. However, the extremely obvious qualifications will be accepted for example a truck driver may be disqualified if he or she does not have a current driver's license or a physician may be required to have a medical license in order to qualify for a job in a hospital. However, all employers should beware that everyday new disabilities are presented to the EEOC. The most recent disability is called Internet addiction. The best advice for employers and managers is to stay abreast of recent case studies and when in doubt they should consult with a labor attorney. The purpose of the ADA is to protect the disabled but unfortunately there will always be those who take advantage of system. Therefore, employers and managers should make decisions involving the ADA with extreme caution.

What is defined as an undue hardship is also unclear, but it is defined as an action requiri

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Approximate Word count = 1404
Approximate Pages = 6 (250 words per page double spaced)


  

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