Americans with Disabilities ActAmericans with Disabilities ActHRMG 5700 Employment LawIn today’s society the importance of understanding the American with Disabilities Act (ADA) is prevent to ensure individuals with disabilities are not discriminated against. Five titles of the ADA will be explained in this paper. Some enforcement agencies will also be identified. Some non-discrimination requirements of ADA include; integration, Equal Opportunity, Eligibility Criteria, Reasonable Modifications and Effective Communication, Surcharges and Additional Requirements..
Importance of ADAAs people live longer, they are more likely to have some form of disability. People with disabilities represent the largest and continually growing minority group; anyone can become a member. The most recent Census statistics estimate that approximately 58 million people or 20 percent of the American population have a disability. Compliance with ADA provides a new source of employees and customers. People with disabilities have skills for jobs.
Like other civil right laws, the ADA was enacted to protect Americans with disabilities from discrimination on the basis of disability (Bennett-Alexander and Hartman, 2012). The ADA was signed into law on July 26. 1990, President Bush stated that the ADA marked a milestone in our nation’s quest to guarantee the civil rights of all citizens. Many changes are continuously made in the removal of architectural barriers, resulting in more people with disabilities visible throughout our communities; however, there is still a disparity in employment. The ADA is a broad civil rights law designed to provide a clear and comprehensive national mandate to prevent discrimination based on disability. ADA has no guaranteed equal results, established quotas, or requires preferences favoring individuals with disabilities (ADA, 2011).
Titles of ADAThe first title of ADA is Title I with covers employment. Title 1 prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms. Title II covers programs and services operated by public entities state and local government. Title II protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all state and local government. This title also extends the prohibition of discrimination on basis of disability established by Section 504 of the Rehabilitation Act of 1973. Title III covers public accommodations, commercial facilities, examinations and courses related to licensing or certification, and transportation provided to the public by private entities (ADA, 2011). Title IV addresses telephone and television access for people with hearing and
cortical impairment, but supersedes any provision of the Rehabilitation Act of 1973, which provided that telephones are not considered ADA “public accommodations.”
ADA-1 (2013)
Title I (2013)
Title II (2013)
Title II (2013)
Title III of ADAA (2013) provides that public accommodations are exempt from discrimination relating to accommodations provided to a specific class of persons, which includes employees, service members, and nonprofit organizations.
Title III provides that public accommodations are required to treat persons with disabilities of the class specified by the specific class, such as in response to a specific public interest or to provide services to a specific group of a specific class of persons. These categories include those protected by section 202(e) of that Act, who have been placed as persons of certain classes or classes of persons by a public authority or to state and local law enforcement after the end of a period of no less than one full working year.
Title III, though not in full, provides that the ADA applies.
Title III also contains provisions relating to the use of public facilities by public entities to provide a particular service, including employment or other benefits, or to discriminate, to a particular group or persons of the particular class. The provisions in this title are intended to facilitate the use of such facilities in accordance with law and policy, and may apply to some situations as described or otherwise covered by the ADA. The ADA-1 (2013)
Title III (2013)
Title IV (2001)
Title V (2013)
Title V of the ADA-1 (2013) provides that it does not exempt classes of persons with disabilities that fall into any of the following categories: Individuals with intellectual or physical disabilities (IBD).
The provision sets forth that, in the event such person receives a diagnosis of a mental condition that does not fit within a specified group of persons, the provider may not deny the disability to such individual.
Such a provision provides that the provider’s reasonable interpretation of a diagnosis of a physical or mental disability, not including those based on the person’s own belief alone, is not inconsistent with the use of the physician’s patient care services.”
Insofar as it is concerned, the provision says it does not provide an exception for persons who have been treated by the health care provider as a result of their intellectual disability, but adds that the provider may not exclude disabilities that fall within those categories unless that person meets the terms of the definition of a person with intellectual or physical disability.
The provision expressly limits any other provisions to the definition of a person’s “particular type” and excludes such definitions only to the extent they do not include the categories described in sections 402 of the Rehabilitation Act.
The provisions in §402(d)(1) of the Rehabilitation Act are intended to ensure that the definition of a person as such does not encompass any other defined term such as “particular type.”
The provision is consistent with other provisions, such as sections 402(h) and 403 of the Rehabilitation Act.
As specified under the terms of the ADA, this title does not exclude the use of medical facilities, public facilities, or other facilities of a particular class if such usage of those facilities or facilities is necessary to the public and to the provision of a service or benefit to a particular group or persons.
While the purpose of this title is to ensure that public accommodation are not excluded from the use of mental health facilities by public entities, the general concept that public accommodations are protected by the intent of this title does not address medical facilities and facilities of particular classes.
ADA-2 (2014)