ADA & The Rehabilitation Act
The Rehabilitation Act and the Americans with Disabilities Act or ADA are civil rights laws that protect people with disabilities from discrimination and aim to create greater opportunity, particularly in the workforce.
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History
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The Rehabilitation Act of 1973 was the first legislation to protect people with disabilities against discrimination. Three decades of work by disability activists led to the passing the ADA in 1990, expanding this protection for people with disabilities beyond the federal level.
Function
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The two acts function together to provide different types of support for people with disabilities. The ADA protects people with disabilities from discrimination by private businesses and nonprofit organizations, specifically in providing goods and services. By contrast, the Rehabilitation Act is focused on protecting employees in federally run and funded programs. This includes using affirmative action and non-discrimination practices in hiring.
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Misconceptions
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Since both the ADA and the Rehabilitation Act prohibit discrimination in hiring, it is commonly believed that all employers must make accommodations for qualified disabled candidates. However, if an organization is unable to afford to make accommodations, they are not required to hire a person with a disability. It can be difficult to determine if, indeed, an organization is unable to provide accommodations or is practicing discrimination.
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