The Americans with Disabilities Act
Uploaded by richierich on Oct 26, 2011
This research paper examines the basic provisions of the ADA, and then discusses several issues involving the law and its application.
I Introduction
The Americans with Disabilities Act (ADA) is federal legislation designed to prevent discrimination against disabled people. It applies to all disabled persons, no matter the nature of their disability.
This paper examines the ADA and discusses some of the ramifications of the legislation.
II Americans with Disabilities Act
The Americans with Disabilities Act (hereafter ADA) was enacted in 1990, and its purpose is stated thusly:
“The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.” (“Questions and Answers,” PG).
It is designed to protect against discrimination in employment for “qualified individuals with disabilities.” (“Questions and Answers,” PG). These individuals include both applicants and employees. An individual is considered disabled if he or she has either a mental or physical handicap that severely limits “one or more major life activities, has a record of such an impairment or is regarded as having such an impairment.” (“Questions and Answers,” PG). People who have a relationship with a disable person are also protected from discrimination based upon that association.
The Act makes a distinction between those that are impaired, have a record of impairment, or who are regarded as impaired. This distinction is significant.
The first definition covers those impairments that severely limit a “major life activity.” This means anything that makes it difficult for someone to breathe, see, speak, etc. When functioning is interrupted as this fundamental level, the person is considered disabled. The definition extends to cover people with “epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability…” (“Questions and Answers,” PG). Such things as flu, broken bones, and other injuries that can be considered minor are not disabilities within the meaning of the Act.
The second part of the definition, “has a record of such impairment,” covers people who have been disabled but are now recovered, such as someone who has had cancer, or mental illness, but is now back at work. (“Questions and Answers,” PG). Discrimination against such persons...