According to the United States Equal Employment Opportunity Commission [EEOC], (2008, November) the American with Disabilities Act (ADA) of 1990 prohibits employment discrimination against qualified disabled individuals. The EEOC states that ADA prohibits discrimination against these individuals in “local and State government services, public accommodations, transportation, and telecommunications”, and applies to private employers, employments agencies, labor organizations, labor –management committees, and state and local governments. Additionally, ADA applies to all employment discrimination and employers with 15 or more employees, and spans across all aspects of employment. Finally, ADA prohibits employer retaliations on individuals who assert their rights under ADA or testify in court, and protects applicants and employees from discrimination based on their association with an individual who has a disability (EEOC, 2008, November).
ADA & Employment Practices
In regards to employment aspects covered, Heneman and Judge (2009) and EEOC (2008, August) lists job application procedures, recruitment and selection, termination, compensation & benefits, training, promotion, leave, job assignment, and all other activities as those that are covered under ADA. Heneman and Judge (2009) go on to state that in the selection of employees, all tests, standards, and criteria used that tend to eliminate disabled individuals or a classes of individuals must be job related and a necessity for the business, and all tests administered to an applicant or employee must be accurate measures of the KSAOs that are required for the job.
Who Is and Is Not Protected by ADA
ADA defines a disability as a person who has “a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment” (EEOC, 2008, November). However, in... [continues]
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