The Americans With Disabilities Act (ADA)

Approximately 54 million non-institutionalized Americans have physical, intellectual, or psychiatric disabilities (Hernandez, 2000). . The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADA's ban against disability discrimination applies to both private and public employers in the United States.
Not all individuals with disabilities are protected by the ADA. To be protected, individuals with disabilities must show that they are otherwise qualified for the job they want. They have to prove that they
This applies to the entire range of employer-employee relationships, including testing, work assignments, discipline, leave, benefits, and lay-offs. In addition, the ADA prohibits retaliation against individuals who seek the protection of the act, or in any way help those who do.
There are several examples of workplace discrimination, such as:
1. Limiting, segregating, or classifying disabled job applicants or employees in a way that denies them employment opportunities because of their disability.
2. Using the services of organizations, such as employment agencies, referral services, labor unions, or healthcare providers, which discriminate against the disabled.
3. Using standards that discriminate on the basis of disability or enable discrimination.
4. Denying employment or job benefits to individuals because they have a relationship with someone who is disabled.
5. Not making a reasonable accommodation for the disabilities of employees or denying employment opportunities to them because of the duty to accommodate their
If a claim of disability discrimination is made, employers may use various defenses. They may argue that their decision was made for legitimate, nondiscriminatory reasons. They also may show that they could make no reasonable accommodation for the person's disability without undue hardship. If the claim is that the employer's test or standard resulted in discrimination, employers may show that the standard or test is job related and necessary to give. Employers also may demonstrate that hiring or keeping the disabled employee would pose a direct risk of harm to others in the workplace. Employees filing claims based on a disability may find greater relief in state courts, applying state laws. In some states, damages are higher for disability discrimination under state laws, and claims are easier to prove than in federal courts applying the federal laws (Bennett-Alexander,