The Americans with Disability Act (ADA)

Americans with Disability Act with respect to Employment

Employers who have exactly or greater than 15 employees are not permitted by the ADA to discriminate against disabled persons who happen to be qualified candidates for a particular job. The ADA also mandates the employers of disabled persons to put up with the disabilities of such individuals except the disability is likely to result in a distress situation. Even though the ADA also protects individuals with disabilities seeking employment, there are cases where disabled individuals can be rejected or denied employment. These cases include:

• potential disabled employees being are categorized as a threat to the safety of individuals at work and to themselves as well (in the case of fire fighting),

• disabled employees who make use of hard drugs illegally, and

• if the religious practice of the disabled individual does not conform with the religious tenants required by the employer.

There are cases when disabled persons are unduly discriminated against during employment processes. The ADA requires that the persons discriminated against file a complaint with the Equal Employment Opportunity Commission and the case will be taken up.

ADA with Respect to Public Accommodation

The ADA states that with the exception of religious organizations or private clubs, persons with disabilities are not to be discriminated against when they visit public areas like supermarkets, parks, hotels and so on. The ADA also requires that in the process of changing policies and regulations, individuals with disabilities must not be discriminated against. Auxiliary  services or aids should be given to individuals with disabilities especially those with visual or audio impairment. The ADA also advocates for offices and buildings to have special facilities that support disabled persons.

In the case of discrimination, disabled persons are required to file a complaint with the Attorney General, and the case will be taken up.

ADA with respect to Transportation

The ADA instructs that various means of transportation such a transit buses, trains, and rail systems must be accessible to disabled individuals. Rail and transit authorities are required to provide specialized transport services to disabled individuals, except in extremely difficult situations. The ADA admonishes that alterations to existing travel paths must constructed in a way that also suits persons with disabilities.

ADA with respect to government services (section 504 of the 1973 Rehabilitation Act)

The ADA admonishes that in the provision of services by the state or local government, disabled persons must not be discriminated against and these services must be freely accessible to them, otherwise, a complaint can be filed with the Attorney General.