|
|
 |
|
|
Americans with Disabilities Act (ADA) Amendment Act of 2008 by Complianz world
|
|
|
Americans with Disabilities Act (ADA) Amendment Act of 2008 |
|
|
|
|
|
Law,Education,Health
|
|
|
The Americans with Disability Act, passed in the year 1990, was passed keeping in mind the specially abled people who are discriminated against and thus are unable to get employment and the like. The American government also realized that these people cannot turn to any law to address their concerns as there was no specific law in this regard, as was available for those who were discriminated against in terms of race, religion, sex or origin. Thus, the ADA came into being. It stated that any individual, firm or organization was supposed to provide any person with disability an employment and he/she must not be discriminated against due to his/ her disability. It also mandated that these people must be provided with special facilities so that they feel it convenient to work and be productive. A person’s educational qualifications and experience would always be the foremost criteria for hiring a person and his physical disability should not be of any hindrance in getting employment. The ADA states that they are also entitled to avail government accommodation. For example, hotels, museums, parks restaurants and they cannot be stopped from using these services just because they are physically challenged. This ACT, however, soon came under review for various reasons like misuse, ambiguity, omissions etc., and thus it was amended in the year 2008. A report filed by an independent centralized agency – National Council on Disability stated that the terms of the ADA had been misinterpreted many a time by the courts and thus the aim of the ADA had not been achieved many times. The report also stated that the meaning of the term ‘disability’ has been interpreted differently by different bodies/ courts and thus, many people who actually should have come under the ambit of ADA’s definition of disability, were not part of it. After many rounds of discussions and negotiations, significant changes were brought about to the ADA Act of 1990, which made ADA into The Americans with Disabilities Act Amendments Act (ADAAA) in the year 2008. The ADDAAA maintains the definition of disability as was mentioned in the Americans with Disabilities Act. However, it does clarify this meaning further with some expansions so that understanding of the meaning of the ACT is clear and complete. ADA has added a few findings. Two of these findings gave the Supreme Court the power to limit the meaning and the application of the word ‘disability’. First finding stated that around 4.3 million Americans suffer from at least one form of disability. Secondly, it mentioned that people suffering from disability form a minority. These to statements mentioned in the ADA made its base quiet vague and weak and therefore it became difficult for the courts to interpret correctly. Thus, these finding were deleted when the ADA was amended in the year 2008. The ADAAA, though retains the two most important terms put forward by it, “substantially limits” and "major life activities". The meanings of these two terms were made broader to bring more number of people with disabilities under its purview. ADAAA sates that if a person’s impairment is not permanent, then that person would not fall under the purview of the ADAAA. However, if litigation occurs while he is in the state of impairment then he would most definitely fall under the rules and regulations of the ADAAA. The ADAAA, like the ADA also gives list of major life activities which if a person is unable to carry out on his/ her own then he/ she will be considered to be physically challenged. However, it lists those involuntary actions as well, for example, heartbeat, respiratory system, digestive system etc. which, if not functioning properly, then the person does not come under the ADAAA. The ADAAA also grants authority to three specific Federal agencies. The authority allows these agencies to issue regulations and implement the rules mentioned in section 3 and 4 of the Act. Lastly, the ADAAA even made amendments to section 7 of the Rehabilitation Act of 1973 and to title 1 of the ADA. It has also made changes to the employment policies laid down by the ADA in 1990.
Related Articles -
Online Regulatory Compliance Training, Webinar & Seminar on FDA, GRC,
|
Rate This Article  |
|
|
|
|
|
Do you Agree or Disagree? Have a Comment? POST IT!
| Reader Opinions |
|
|
|
|
|
|
|
|
|
| Author Login |
|
|
 |
Advertiser Login
ADVERTISE HERE NOW!
Limited Time $60 Offer!
90 Days-1.5 Million Views
|
|
TIM FAY
After 60-plus years of living, I am just trying to pass down some of the information that I have lea...more
|
|
|
|
|
LAURA JEEVES
At LeadGenerators, we specialise in content-led Online Marketing Strategies for our clients in the t...more
|
|
|
|
|
ALEX BELSEY
I am the editor of QUAY Magazine, a B2B publication based in the South West of the UK. I am also the...more
|
|
|
|
|
GENE MYERS
Author of four books and two screenplays; frequent magazine contributor. I have four other books "in...more
|
|
|
|
|
SUSAN FRIESEN
Located in the lower mainland of B.C., Susan Friesen is a visionary brand strategist, entrepreneur, ...more
|
|
|
|
|
STEPHEN BYE
Steve Bye is currently a fiction writer, who published his first novel, ‘Looking Forward Through the...more
|
|
|
|
|
SHALINI MITTAL
A postgraduate in Fashion Technology. Shalini is a writer at heart! Writing for her is an expression...more
|
|
|
|
|
ADRIAN JOELE
I have been involved in nutrition and weight management for over 12 years and I like to share my kn...more
|
|
|
|
|
JAMES KENNY
James is a Research Enthusiast that focuses on the understanding of how things work and can be impro...more
|
|
|
|
