Health, A few facts about Disabilities Act


by ABDUL VASI - Date: 2008-06-20 - Word Count: 636 Share This!

Americans with Disabilities Act was enacted in 1990 as a Federal law in the Unites States of America. The purpose of enacting such an Act is to protect disabled persons from discrimination in various walks of their everyday life. For application of this Act, disability of a person has been defined as "a physical or mental impairment that substantially limits one or more major life activities". Determination of whether a person should be considered as disabled for the consideration of the Act is done on a case by case basis. Some conditions are not considered as disability like drug abuse etc. disabilities act Act is covered has four main titles. They are: 1. Employment 2. Public Services (including Public Transportation) 3. Public Accommodation and Commercial Facilities 4. Telecommunications What is covered by each of these titles is given below in brief. Employment Under this title, the Act prohibits public employers (federal, state and local), private employers, employment agencies and labor unions to discriminate against any person with disability having proper qualification and experience in the process of job application, recruitment, dismissal from service, promotions, salary increments, training or any other terms and conditions or any privilege pertaining to employment. This Act covers all employers including public employers who employ 15 or more persons in the organization. An applicant with disability will be considered as a qualified employee who is able to carry out the essential function of the job in question, with or without reasonable accommodation. Reasonable accommodation will mainly consist of " Existing facilities to be used by an employee should be readily reachable and usable for disabled person. " To restructure job, modify work schedule or to assign to a suitable vacant job to accommodate such a disabled person. " To acquire or modify equipments or devices, to modify or adjust examinations, training materials etc. or to provide interpreters or qualified readers so as to provide assistance to such disabled persons. But, it should be seen that the employer does not face "undue hardship" to provide such reasonable accommodation. Employer should not also compromise with quality of the product or production standards to provide such reasonable accommodation." Undue hardship "is defined as "an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation". Public Services (including Public Transportation) This title has two sections. First section covers all public agencies (federal, state or local). It states that these agencies should abide by regulations similar to Section 504 of Rehabilitation Act. This section states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service". This section covers access to all activities taken up by these agencies. The second section deals with public transportation services provided by different public utilities. For both these sections, lack of accessibility or non availability of certain services may be considered as discrimination, regardless of who is affected. Public Accommodations (and Commercial Facilities) Under this title, any disabled person cannot be discriminated against "full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodations by any person who owns, leases (or leases to), or operates a place of public accommodations." "Public accommodations" will include most lodging places (e.g. inns and hotels), recreation, transportation, education, and dining places, along with stores, care providers, and places of public displays etc. Telecommunications This title requires that all the telecommunication companies who are providing their services in USA should provide suitable services to the disabled especially to those who are deaf and dumb, hard of hearing or people with speech impairment.


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