Persons With Disabilities

Written by Kimberly Clark
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In the summer of 1990, the Americans with Disabilities Act (ADA) became law. The ruling basically makes it illegal for society to discriminate against persons with disabilities. Per the ADA, an individual with a disability is defined as anyone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

The law was formulated and subsequently passed to ensure that persons with disabilities have the same employment opportunities as everyone else. In addition, the regulations seek to ensure that persons with disabilities have access to the basic amenities of life. Hence, the statues set forth by the ADA are applicable to the following sectors: state and local governments, public and private transportation, telecommunications, public accommodations, and places of employment with more the 15 people.

Employment and Disability

For a person to be eligible for protection under the ADA's employment guidelines, they must first be deemed a qualified individual with a disability. A worker with a qualified disability is one that has all the necessary education, experience, licenses, certifications, or other requirements for the position. Plus, with or without reasonable accommodations, they would be able to perform the essential job functions.

Covered entities are required to make the necessary modifications to accommodate the persons with disabilities, unless it will cause undue hardship or endanger other workers. In addition to places of employment, labor organizations, joint labor-management committees, and employment agencies must also abide by the ADA regulations. None of these entities are required to hire or keep on staff a person with a non-qualifying disability.

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