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The Americans with Disabilities Act was set up in 1990. It bans any discrimination on the basis of any disability. Private employers, state and government employees, labor unions and employment agencies are prohibited from discriminating against a person because of some disability by Title I of the act. The employees may not be discriminated against while applying for a job, during hiring procedures, advancement of employment, for compensation, job training, firing procedures and other employment related aspects. Any employer that has 15 or more employees is covered by the ADA. Both state and local governments are also covered by this act. Even the employees of the federal government come under this act. Given below are some important questions about the ADA: How does the ADA define disability?
The ADA defines disability as a physical or mental impairment that prevents a person from doing some activity. Any person with a physical or mental impairment or a record of such impairment will be considered to be disabled. A variety of conditions likes issues with vision; mobility, hearing and speech come under disability. How is discriminated addressed under the act?
In the event of discrimination, one may contact the Equal Employment Opportunity Commission or the Department of Labor Offices in one’s area and file a complaint. One will get compensation if one wins the case and the employer may be fined. Is any kind of preferential treatment of the disabled provided for by the ADA?
No preferential treatment is provided for by the ADA. It only prohibits employers or other people from discriminating against a person on the basis of a disability. It also allows an employee to request for accommodation in order to perform his/her role. However, the employer may not be obliged to provide the accommodation if it has a negative impact on the business. Are any temporary medical conditions covered by the ADA?
In most situations, temporary medical conditions may not be covered by the ADA. A person will be considered to be disabled under this act only under the following circumstances:
• The person is physically or mentally impaired
• The impairments make it difficult or impossible to perform a major life activity like walking, seeing, hearing, speaking or breathing. Does the ADA have any rules about accommodating the work schedule of the care givers of people with disabilities?
The ADA does not cover any kind of accommodations for the care givers of workers with disabilities. It only covers accommodation of people with the disability. Will an employer have to pay for a deaf employee’s hearing aids under the ADA?
An employer may not be expected to pay for an employee’s hearing aids under the ADA. Only any special equipment that may be required for an employee to perform his/her work should be paid for by the employer. For instance, if a kind of job requires steel toed boots and a disabled employee needs a special kind of steel toed boots, then the employer will have to pay for them. However, anything that the employee uses personally may not be paid for by the employee. Can an employer terminate a person if he/she acquires a disease like cancer?
Any condition or disease that alters a person’s lifestyle for a period of time will be covered by the ADA. In such a case, the person can also request the employer to give him/her a reasonable accommodation. The person will be entitled to protection under the act when he/she gets treated for the condition. The employers will not be allowed to terminate the employee just because he/she has cancer. However, the employer may be allowed to modify the person’s work and his/her position and give a similar position when he/she returns. The employee may contact any lawyer who is familiar with employment rights to know more about his/her rights under the ADA. The ADA is a wide ranging civil rights law that prevents any kind of discrimination on the basis of disability against an employee. Not many people will be aware of this act or of their rights under this act. One may ask an employment lawyer if one has any further questions about the ADA.
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