The American Disabilities Act (ADA) was enacted and signed into law by president George W. Bush of the United States in the year 1990. This Act is used in the American law and it prohibits discrimination of the disabled people due to their disability, the discriminations may be in employments, public accommodations such as hotels, state and local government offices and activities, in public transportation sector, in telecommunications and also commercial facilities .
So that a person can be protected by the ADA, one must have a disability or have an association or a relationship with a person who is disabled, these relationships are such as parents who are associated with a person who is said to be having a disability, those people who are subjected to retaliation or those who coerced for assisting those people are have the disabilities which are recognized by ADA.
A person who has a disability is defined by the ADA in three different aspects; as a person who has a mental or has a physical impairment which limits one or more major activities in life, this definition assets that disability is a reflection of impairment and functional result and it limits the protection of ADA to the persons who have impairments which are significant.
The second definition is a person who is perceived by other people as having such an impairment and the third is a person who has a history and records which are related to such an impairment although the Act does not name all of the impairments which are covered by the Act. The second and the third definitions are based on the belief that disability depends with the way other people see it and how they see another person.
The employment provisions of America’s with Disabilities Act applies to the employer’s or the companies and institutions which have 15 employees and above but the provisions of ADA public accommodations apply to all the sizes of businesses in the United States regardless of the employees number and the local as well as the state governments are covered without any regard to their size (United States congress, 4) ADA Title one: Employment
This is the first requirement of the ADA and it requires all the employers who have more that 15 employees to give an equal chance to people with disabilities so that they can benefit from full employment opportunities which are enjoyed by other people in the employment field. The employment part of ADA prohibits discriminations of the disabled in recruitments, hiring, training of employees, in promotions, participation in social activities, in salaries and all the employment privileges associated with employment and which should be enjoyed by all.
It forbids question about a person’s disability before being offered a job and that the employers should provide accommodation to disabled persons who are qualified for a job unless the accommodation result to undue hardships for the person and the employer. In case a person has a complain about discrimination in employment, the complaint should be filed with the Equal employment Opportunity Commission (EEOC) of U. S.
before elapse of 180 days from the day the discrimination took place or the complaint can be filed within 300 days in case it is filed with an agency of the state or local fair employment practice. Charges of discrimination based on disabilities can be filed to any EEOC field office which are located in 50 cities <www. eeoc. gov > The applicants and the employees who currently are engaging in the illegal use of substance such as alcohol and drug abuse are usually not covered in the ADA especially when their employer acts on such use of the drugs and alcohol.
The tests based on illegal drugs are usually not subject to the restrictions of ADA on the medical examinations and the employer’s are free to hold the users of illegal drugs and alcohols in the same standards of performance as other employees in such organizations. It is unlawful to retaliate against an individual due to opposition of the practices of employment which discriminate on the disability bases or for filing a discrimination charge participating or testifying in a proceeding or an investigation under the ADA. <http://www. access. gpo. gov/nara/cfr/waisidx_07/29cfr1630_07. html >