Preview

Americans with Disabilities Act of 1990

Powerful Essays
Open Document
Open Document
2973 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Americans with Disabilities Act of 1990
The Americans With Disabilities Act

The Americans with Disabilities Act (ADA)

The rights of handicapped persons to enjoy equal employment opportunities were established on the federal level with the enactment of the “Rehabilitation Act of 1973” (29 U.S.C. 701-794). Although “not designed specifically as an employment discrimination measure but rather as a comprehensive plan to meet many of the needs of the handicapped” (Twomey, 2001, p.540). The Rehabilitation Act provided three sections (sections 501,503,504) that prevented discrimination in employment. Section 501 was applicable to the federal government itself. Section 503, applied to federal contractors. Finally, section 504 applied to the recipients of federal funds.

On Tuesday, the 23rd of January 1990, a “clear and comprehensive prohibition of discrimination on the bases of disability” was established by the One Hundred First Congress of the United States of America in its second session (D.O.L, 2003). The Americans with Disabilities Act (ADA) of 1990, which is estimated to cover over, 43 million Americans with disabilities, went into full effect in January of 1992. Considered a “Bill of Rights for Americans with a wide variety of disabilities” the act applies to employment, public accommodations, transportation, telecommunications, State and the federal government (Holley, Jennings, Wolters, 2001, p. 424). The passage of the ADA “expanded the scope and impact of laws and regulations” on discrimination against individuals with disabilities (Jackson, Mathis, 2003, p. 112).

The ADA affects more than just employment matters. All employers with 15 or more employees, fall under the provisions of the ADA. The EEOC is responsible for enforcing the “employment provisions of the ADA under the same procedures as Title VII of the Civil Rights Act of 1964” (Jackson, Mathis, 2003, p. 112).

In 2001, “17 percent of the population of the United States, was considered



Bibliography: Boone, L., Kurtz, D. (1999). Contemporary business. (ninth edition). Orlando: George Porvol. Coulter, M., Robbins, S. (2002). Management. (seventh edition). UpperSaddle River, New Jersey: Prentice Hall. U.S. Equal Employment Opportunity Commission. (August 13, 2003). EEOC HOME PAGE. Retrieved January 6, 2004 from the World Wide Web: http://www.eeoc.gov/ Holley, W., Jr., Jennings, K., Wolters, R. (2001). The labor relations process. (seventh edition) Jackson, J. H., Mathis, R. L. (2003). Human resource management. (tenth edition). Mason, Ohio: Melissa Acuna. Jentz, G. A., Miller, R. L. (2003). Business law today: Standard edition. (sixth edition). Mason, Ohio: Michael P Twomey, D. P. (2001). Labor & employment law: Text and cases. (eleventh edition). Cincinnati: Jack W U.S. Department of Justice. (December 18, 2003). Americans with Disabilities Act: ADA HOME PAGE. Retrieved January 6, 2004 from the World Wide Web: http://www.usdoj.gov/crt/ada/adahom1.htm U.S. Department of Labor. (December 4, 2003). Americans with Disabilities Act of 1990. Retrieved January 6, 2004 from the World Wide Web: http://www.dol.gov/esa/regs/ststutes/ofccp/ada.htm U.S. Department of Labor. (January 6, 2004). Office of Disability Employment Policy. Retrieved January 7, 2004 from the World Wide Web: http://www.jan.wvu.edu/english/whatis.htm Federal Communications Commission. (November 4, 2003) Consumer & Governmental Affairs Bureau

You May Also Find These Documents Helpful

  • Good Essays

    Cascio (2014) states “The American with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public…

    • 901 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Section 504 of the Rehabilitation Act is a federal law that states any discrimination of a qualified disabled individual is strictly prohibited. These disabled individuals cannot be denied from benefits or services due to their disability. Employers are not allowed to discriminate in the process of hiring to those that are disabled. Those that are required to comply are ones that receive any federal funding and/or assistance. Federal divisions and agencies are also required to comply. The organizations that receive federal funding are diverse. They consist of healthcare organizations, educational programs, housing, et cetera. Healthcare organizations cannot deny services to a disabled individual on the basis of the disability (“Your Rights…

    • 274 Words
    • 2 Pages
    Good Essays
  • Good Essays

    While other authors gave positive point of views for the ADA, Ruth Colker in her book, "The Disability Pendulum,”shows her disappointment for the disability rights community from the ADA implementation in first year. She traces the effectiveness of the ADA, and show how and why this key piece of civil rights legislation has fallen far short of the "high hopes and aspirations" of the disabled community and their advocates. She uses the metaphor of a swinging pendulum to symbolize shifting attitudes toward disability rights and the disabled. The book has chapters with two captures "two conflicting stories" regarding the law's progress through Congress: the first describes "unprecedented bipartisan support" for the rights of individuals with disabilities;…

    • 410 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The American Disabilities Act (ADA) was signed by George H.W. Bush (President) in 1990. The ADA projected rationale was to defend those with disabilities from favoritism in transport, employ, communiqué, and diverse educational…

    • 762 Words
    • 4 Pages
    Good Essays
  • Better Essays

    E. (2011). Is everyone disabled under the ADA? An analysis of the recent amendments and guidance for employers. Employee Relations Law Journal, (4). 3. Retrieved from: http://libproxy.chapman.edu…

    • 1523 Words
    • 7 Pages
    Better Essays
  • Good Essays

    In the video lecture of Keith Nolan “Deaf in the Military,” his message did not directly pertain to the material in the readings, but did relate to the chapter and section on disabilities. Mr. Nolan’s message was to not give up if you have disabilities and that disabilities should not limit you to what you want to do in life. His lecture also identifies that employers can make accommodations for disabilities that will allow disabled employees to be productive in your organization. The American with Disabilities Act (ADA) became law in 1990 and is defined in chapter 2 on page 86.…

    • 512 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Adverse impact creates numerous barriers for people with disabilities. While a minorities, women, or elderly persons do not typically have to concern themselves with job requirements necessitating the use of a short flight of stairs, the operation of small keypads, or easy mental arithmetic, these things could all pose special problems for people with various disabilities. If this hampers those individuals from gaining employment, we see a clear example of how adverse impact discrimination creates a special barrier between disabled individuals and gainful…

    • 1180 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The ADA legislation prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. As an employer and Human Resources representative, any agency with fifteen or more employees is prohibited from discriminating against applicants, job seekers, and employees with…

    • 1741 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    This legislation offers a variety of services for persons with physical and cognitive disabilities. It is the federal law that authorizes the formula grant programs for vocational rehabilitation, supported employment, independent living, and client assistance. Vocational rehabilitation (VR) services of the Rehabilitation Act help eligible persons with a disability pursue post-secondary education, employment, and independent living. Services include medial and psychological services, counseling, job training, and other services based on person’s needs that help them become qualified for employment. State VR programs are funded by the federal Rehabilitation Services Administration. Also, the employment provision for the Rehab Act requires employers to provide reasonable accommodations for qualified individuals with disabilities if it is not an undue hardship for them. If employment accommodations are expensive, state VR program can help reduce the financial hardship for an employer by paying the costs of accommodations that are beyond employer’s own resources. Section 501 of the Rehabilitation Act requires the federal government to practice affirmative action to to hire and promote workers with disabilities, including workers who are deaf. Section 504 of Title V of the Rehabilitation Act is a civil rights law, which provided the foundation…

    • 771 Words
    • 4 Pages
    Good Essays
  • Better Essays

    The U.S government has implemented various rules and regulations to care for the needs of the disabled people. Firstly, The U.S government implemented the rule of Americans with Disabilities Act that prohibits discrimination of people based on their disabilities. Subtitle AT of the Act protects the disabled people from discrimination in terms of services, activities or any programs undertaken in the state and local levels of government. The adoption of the rule has been effective in making programs accessible and effective communication to the disabled persons in Southwest Louisiana. This also provides a mechanism of resolving…

    • 977 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    The Americans with Disabilities Act or ADA was an act that was brought into play in 1990. It prohibited discrimination based on disability and other things such as religion, sex, and race. This means that for people who are older, it is illegal for them to be denied a job simply because of their age. This means the it makes them more able to get a job and contribute, not only to society, but to their own life by working and moving up in their jobs because they have more experience and are more qualified for the job, where was before they might have been help back simply because of their age.…

    • 1570 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.…

    • 1654 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Reeves uses diction and details to show the audience the importance of passing the Americans with Disabilities Act. The purpose of the Americans with Disabilities Act is “...to give the disabled access not only to buildings but to every opportunity in society.” This is important because many Americans are hurting and our nation needs to do something about it. Throughout his speech, Reeves explains that he believes we can fix this and find cures because he learned that nothing is impossible.…

    • 366 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Service Animals

    • 1175 Words
    • 5 Pages

    This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s…

    • 1175 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Pakistan

    • 1263 Words
    • 6 Pages

    Upon review of the Equal Employment Opportunity Commission website I found that there are many employment related complaints that have been filed with EEOC. The Equal Employment Opportunity Commission is responsibility is to oversee, investigate, and litigate claims of employment discrimination. In other words, they enforce federal laws prohibiting employment discrimination. In my opinion, people should be given the chance to obtain employment if they can work while being disabled. The current trend in EEOC complaints that I would like to discuss those that are in violation of the American Disability Act of 1990. This Act was established to protect disabled people. It states that all private and public employers with 15 or more employees are protected under this law. The law requires an employer to provide reasonable accommodation to an…

    • 1263 Words
    • 6 Pages
    Good Essays