Take A Look At The Disability Discrimination Act


Americans with Disabilities Act of 1990 forbids private employers, local and state agencies and governments, labor unions and employment agencies from being discriminated against qualified persons with disabilities in activities of the job, firing, hiring, remuneration, on-job-training, and other terms, rules and honors of employment. An individual is said to be disabled if he:

* is physically or mentally impaired that substantially stops their life's activities.
* has a record of such an impairment.
* is regarded as acquiring that impairment.

A qualified applicant or employee with a disability is an individual who can perform the important functions of the job in question with or without reasonable accommodation. Reasonable accommodation is not limited to:

* Restructuring job, reassignment to a vacant position, modification in work schedules.
* Making existing facilities used by employees readily accessible and usable by people with disabilities.
* Acquirement or modification of equipment or devices, adjustment of examinations, training materials, and availing qualified readers or interpreters.

An employee is not required to lower production standards and quality to make an accommodation. Also, an employee is obligated to provide personal use items such as hearing aids or glasses. Title 1 of the Americans with disability discrimination act covers:

* Medical inquiries and examinations- Employees may not ask the job applicants about the nature, existence or severity of a disability. Instead, they may be asked about their ability to perform specific job functions. A job offer may be provided on the results of the medical examination, but only if the examination is needed for all entering employees in similar jobs. It should be noted that medical examinations must be job related and consistent with the employer's business needs.

* Alcohol and drug abuse- Applicants and employees who are engaging in illegal use of drugs and alcohol are not covered by the Americans with Disability Discrimination Act when an employee acts on the basis of such use. Tests for illegal drugs are not subject to the Americans with Disability Act restrictions on medical examinations. Employees can hold illegal drug users and alcoholics to the same performance standards as the other employees.

To oppose against a person for contradicting employment methods, discriminating on the basis of disability or for applying charges of discrimination, testifying or involving in any way in a happening or litigation under the American with Disability Discrimination Act.

Americans with Disability Discrimination Act does not require employees to develop or maintain job descriptions. But, a written job description prepared before advertising or interviewing applicants for a job will be considered as evidence along with other relevant factors.