Sec. 501 of the Rehabilitation Act prohibits employment discrimination against the disabled persons in the federal sector. Sec. 505 consists the provisions regarding the remedies and attorney’s fees . The commission has laid down ceratin policies and procedures for rehabilitating the disabled persons under vocational and veterans rehabilation programms including the promotion of job oppertunities. The policy and procedure also consists the provisions to draw the special needs of disabled employees.
The commission directs that such plans should be updated and reviewed annually to provide sufficient assurance and commitmnets regarding the hiring placement and advancement opportunities for the individuals with disabilities. The Act also enavble the individual who is the part of rehabiliation programm to participate in a programm of unpaid work experience in a federal agency. (33)(Lewis, Sargeant, 2004) In Peter Potenza and Clifford Aversano Vs city of New York (34), the Supreme Court has explained the rights of the employees who are the individual of disability.
The court insists that to establish the prima facie case under this Act the plaitiff must fulfill a tripartite test. The palintiff must show that he is suffering from a physical or mental impairment; secondly, it is the plaintiff’s burden of proof that such imapired activity consititutes a major life activity. Thirdly he should show that the imapairmnet substantially limits the major life activity previously identified. Apart from this, the Court cleared that such identified life activity should be of central importance to the day-to-day affairs.
For the purpose of the Act the substantially limits refers that restrictions in the ability to perform jobs as compared to other persons. In the case of Weixel v. Bd. of Ed. of the City of New York, the court clarified that an inability to do a single or particular job does not constitute a substatiantial limitation in the major life activity (35) The Fair Labor Standards Act 1938 The Act only applies where an actual realtionship between the employer and employee exists. It also includes the requirements for either individual or organisation coverage are met .
To satisfy this, the work should be performed in United States or a U. S. possession or territory. It cannot be applied in the absence of employer and emploee realtionship i. e there should be an economic bond existed between the employer and the employee. (36) In Abdela Tum, et al Vs Barber foods Inc (37), the court explained that the employer is required to record, credit and compensate employees for all the time. Moreover, the employer requires them to work, which defined as the physical or mental exertion controlled or required by the employer and pursued for the benefit of the employer and his buisiness.