Preview

Memorandum: A Legal Insight into Disability Discrimination Under the Americans with Disabilities Act

Better Essays
Open Document
Open Document
2139 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Memorandum: A Legal Insight into Disability Discrimination Under the Americans with Disabilities Act
Memorandum: Disability Discrimination

Kaplan University PA 402 Unit 9

Judgenjury

May 19, 2015

TO: John Doe, CEO

FROM: Sherry Metz, Attorney

RE: Disability Discrimination

DATE: May 20, 2015

Memorandum

It has come to my attention, that a situation has arisen, which requires immediate attention. An employee, with epilepsy, feels he may be discriminated against due to his physical impairment. I hope to clarify the disability Discrimination law, in an attempt to correct or improve the situation, before legal issues arise. I am going to explain the Companies legal obligations and responsibility as an employer under the Americans with Disabilities Act; explain the possible liability the Company, as the employer, can be held responsible, due to a successful claim being filed against this company. I will provide a brief overview of the federal laws, which protect the rights of individuals with disabilities; explain an individual’s right under the Americans with Disabilities Act and provide information, regarding the reasonable accommodations in work-related situations, which are required as per the law. I will also provide a brief history of the American and Disabilities Act and its amendments, and the potential ramifications for Title I employers and employees to clarify any misunderstandings of the law.
Employer’s Legal Obligation under the Americans with Disabilities Act

The Equal Employment Opportunity Commission (EEOC) provides information and protection for those covered under the Americans with Disability Act (ADA). The Americans with Disabilities Act (ADA) prohibits a company, as the employer, to discriminate against any employee with a disability. Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because of the individuals’ disability. If the employee or applicant has a history of a disability, such as cancer, which is controlled or in remission, the individual is



References: Mid-Atlantic ADA Center (2013). History of the ADA. Retrieved from http://www.adaininfo.org/content/history-ada U.S. Department of Justice (2009). A Guide to Disability Rights Laws. Retrieved from http://www.ada.gov/cguide.htm U.S. Department of Justice (n. d.). Americans with Disabilities Act of 1990. Retrieved from http://www.ada.gov/pubs/adastatute08.htm#subchapterI U.S. Equal Employment Opportunity Commission (2008). Americans with Disabilities Act: Questions and Answers. Retrieved from http://www.ada.gov/qandaeng.htm. U.S. Equal Employment Opportunity Commission (n.d.). Disability Discrimination. Retrieved from http://www.eeoc.gov/laws/types/disability.cfm U.S. Equal Employment Opportunity Commission (n. d.). Notice Concerning the Americans with Disabilities Act (ADA) Amendments Act of 2008. Retrieved from http://www.eeoc.gov/laws/statutes/adaaa_notice.cfm U.S. Equal Employment Opportunity Commission (n.d.). The ADA: Your Employment Rights as an Individual With a Disability. Retrieved from http://www.eeoc.gov/facts/ada18.html U.S. Equal Employment Opportunity Commission (n.d.). The Americans with Disabilities Act of 1990. Retrieved from http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html Web Accessibility in Mind (1999). United States Laws: Overview of the Rehabilitation Act of 1973 (Sections 504 and 508). Retrieved from http://webaim.org/articles/laws/usa/rehab

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Health Chapter 26

    • 185 Words
    • 1 Page

    8. Two provisions of the Americans with Disabilities Act are society should make changes for…

    • 185 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Section 504 of the Rehabilitation Act is a federal law that states any discrimination of a qualified disabled individual is strictly prohibited. These disabled individuals cannot be denied from benefits or services due to their disability. Employers are not allowed to discriminate in the process of hiring to those that are disabled. Those that are required to comply are ones that receive any federal funding and/or assistance. Federal divisions and agencies are also required to comply. The organizations that receive federal funding are diverse. They consist of healthcare organizations, educational programs, housing, et cetera. Healthcare organizations cannot deny services to a disabled individual on the basis of the disability (“Your Rights…

    • 274 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    United States Equal Employment Opportunity Commission. (n.d.). The Civil Rights Act of 1991. Retrieved from http://www.eeoc.gov/laws/statutes/cra-1991.cfm…

    • 1428 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    The American Disabilities Act (ADA) was signed by George H.W. Bush (President) in 1990. The ADA projected rationale was to defend those with disabilities from favoritism in transport, employ, communiqué, and diverse educational…

    • 762 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Employers are required to make reasonable accommodation for employees with disabilities. Reasonable accommodation may include any changes or adjustments made to improve the job or work environment that would enable an individual with a…

    • 904 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The ADA legislation prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. As an employer and Human Resources representative, any agency with fifteen or more employees is prohibited from discriminating against applicants, job seekers, and employees with…

    • 1741 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    DST 500 Exam Review

    • 466 Words
    • 2 Pages

    Disability Discrimination Act and direct payments legislation (for all their deficiencies and restrictions) and the setting up of a Disability Rights Commission.…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Ada and Affirmative Action

    • 1075 Words
    • 5 Pages

    An individual may have a visible or invisible disability; either should not reject a person from equal opportunity. Discrimination against, race, gender, age, and disability is illegal whether one recognizes it or not. Truthfully, discrimination still exist in the world but with hope to come and with the help of ADA, this can be something of societies past. Moreover, to protect the disable, the American Disability Act (ADA) of 1990 was passed by Congress to try eliminating discrimination. The ADA’s primary objective is to protect discrimination against a person with mental or physical disabilities in the private sector in areas such as employment, telecommunication, transportation and public services.…

    • 1075 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    What is the Americans with Disabilities Act (ADA)? How does the ADA address issues for the aging population?…

    • 1654 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Tony Coelho, a former congressman and true civil rights leader for people with disabilities, wrote the Americans with Disabilities Act. It was enacted on July 26, 1990 by the Senate and House of Representatives. George H.W. Bush was the president of the United States at that time.…

    • 604 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Service Animals

    • 1175 Words
    • 5 Pages

    This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s…

    • 1175 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Equality Act 2010 Essay

    • 1100 Words
    • 5 Pages

    The Equality Act also provides people with a disability from discrimination within the workplace. The Act requires employers to make reasonable adjustments to their work surroundings if they are inviting someone with a disability into their workplace for an interview or for employment. These adjustments can include lifts or wheelchair access for someone who is in a wheelchair or providing help for someone who has dyslexia with their reading and writing when it is required. Under the Equality Act 2010, someone is classed as disabled if they have a physical or mental impairment which has an effect on their ability to carry out normal day-to-day activities. Under the Equality Act it is unlawful to not provide reasonable adjustments to accommodate a disabled worker or to refuse to employ them because of their…

    • 1100 Words
    • 5 Pages
    Good Essays
  • Good Essays

    References: Equal Employment Opportunities Commission (2003). Equal Employment Opportunities Commission. Retrieved February 1, 2003 from the World Wide Web: http://www.eeoc.gov…

    • 724 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The U.S. Equal Employment Opportunity Commission (n.d.). Disability Discrimination. Retrieved March 14, 2009, from http://eeoc.gov/types/ada.html…

    • 893 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    Department of Justice. (2009). The American with disabilities act of 1990, as amended. Retrieved from http://www.ada.gov/statute.html…

    • 1186 Words
    • 5 Pages
    Better Essays