The American Disability Rights Act
The Americans with Disabilities Act, first signed into law by George H. W. Bush on July 26, 1990, prohibits discrimination against the disabled within the workplace and also ensures that all public entities at the local and state level offer equal opportunities to those with disabilities. Amendments were made to the act effective on January 1, 2009, by George W. Bush. Under the Americans with Disabilities Act, those with disabilities are entitled to equal access in terms of all public transportation and other public accommodations.
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Employment
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Disabled Americans seeking employment must be capable of performing the basic tasks outlined by the job description, and the more complicated tasks with proper accommodations. Employers have no legal obligation to give preference to a disabled job applicant over a nondisabled job applicant, and not all disabilities qualify an employee as disabled. For example, if an employee has vision trouble, something that can be overcome with glasses or contacts, that does not qualify as a disability.
Accommodation in Workplace
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Employers who have hired a disabled worker must make specific accommodations to the workplace. These accommodations include modifying or providing equipment, creating modified or part-time work schedules for the disabled employee, and making the work environment accessible to all by having wheelchair ramps and elevators.
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Transportation
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Buses must accommodate the disabled. Title 2 of the ADA prohibits public transportation services, such as buses and rail transit, from discriminating against disabled persons. Unless it creates an "undue burden," public transportation companies must provide paratransit services where they operate. Paratransit services are for individuals who cannot independently use public transportation services because of their disability, and therefore must be picked up and dropped off at their specific destination. An "undue burden" means that the cost of providing a service for a disabled individual would be too high or too distracting for others.
TV and Communication
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Title 4 of the ADA requires all federally funded public announcements to provide closed captioning for those with hearing disabilities. Telephone companies, under Title 4, are required to provide interstate and intrastate telecommunications relay services (TRS) around the clock. TRS allows a person with a hearing or speech disability to access a telephone system in order to communicate with a nondisabled person. The Internet, as of 2010, has no legal guidelines in terms of accommodating the disabled.
Warning
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Alcohol abuse is not covered by the ADA. Drug and alcohol dependency is not considered a disability by the ADA, and employers are not required to meet any specific guidelines when dealing with an addicted employee. Although disabled Americans are protected and given equal rights during job interviews and while holding the job, that doesn't mean they are guaranteed job protection. If an employer feels that a disabled employee isn't fulfilling his job description, or the company itself needs to lay off workers, employers have no legal obligation to protect a disabled worker's job. Certain accommodations within the workplace can also be deemed an "undue burden."
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References
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- Photo Credit parking image by Judyta Zarska from Fotolia.com japanese bus image by R.A.Liederbach from Fotolia.com glass image by Ruth Adair from Fotolia.com
