Americans Disability Discrimination Act - Essay Example

Memorandum No: Memorandum The Chief Executive Officer The Attorney d: June 18, 2012 Re: American Disability Discrimination Act-1990 As an attorney of the company, it is my responsibility to apprise you about the Americans Disability Discrimination Act 1990 (ADA). The aims and objectives behind its introduction are to counter vague allegations leveled by an employee against the employer. The Act in question provides a clear, comprehensive and absolute authority to eliminate discrimination of any sort.

The mentioned law was passed in the year 1990 by the U.S. Congress and was enforced on 26th July 1990 duly signed by the former President George W. Bush. Later on, its amended version came into force on January 1, 2009. The ADA is an array of law related to civil rights, which prohibits discrimination on the basis of disability. It is at par in terms of protection of disabled persons against discrimination with Civil Rights Act of 1964. It declared discrimination on the basis of race, religion, sex, national origin and other characteristics as illegal.

As per the definition of ADA, disability is in fact a physical or mental incapacitated condition of a person, which restricts his activities with regard to the requirement of major life. However, under specific circumstances e.g. visual impairment found in an individual, if correctable with lenses is excluded from disability (Fielder, 2004). The intention of Lex Frieden and Mitchell J. Rappaport is to ensure protection of disabled against discrimination. The introduction of flexible set of laws aims at to strengthen the law, which may not weaken due to future case law.

The need of the hour is to broaden the protection of disabled, which may not put the clock back by the court rulings (Fielder, 2004). The cited law deals with employee’s hiring, firing, training, fringe benefits and other terms and conditions of employment. Discrimination in line with the broader term can be defined as classifying an employee that has an adverse impact on his or her career, denying employment opportunities, deprive him on account of physical or mental ill health (Fielder, 2004).

  The Supreme Court of United States of America found Title I as unconstitutional in the case of Board of Trustees of the University of Alabama v. Garrett  since it violates the sovereign immunity rights of several states as specified (Weber, 2007). The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law regarding discrimination in employment. Its regulations narrowed down the substantial limits to significant restrictions (Switzer, 2003). The broaden interpretations of "major life activities do not confine to caring for oneself only”.

 The Supreme Court in the year 1999 held that an employee could not be considered disabled provided impairment could be done through remedial measures. It specifically provides that impairment must be identified without considering cited measures. Another court is of the view that an impairment, which substantially limits one’s major life activity, can be considered a disability (Switzer, 2003). The ADA, without any doubt, extended broader coverage to impaired employees. In this respect we may refer to the statement of The United States House Committee on Education and Labor that the amendment "makes it absolutely clear that the said Act is intended to provide broader coverage to protect anyone who suffers at the hands of discrimination merely on the basis of disability" (Weber, 2007).

  It is crystal clear from the above contents that American Laws do not allow discrimination of any sort against an individual rather it protects them against discrimination. References Fielder, J. F. (2004). Mental Disabilities and the Americans with Disabilities Act. Westport, CT: Quorum Books. Switzer, Jacqueline Vaughn. (2003). Disabled Rights: American Disability Policy and the Fight for Equality. Washington, DC: Georgetown University Press. Weber, Mark C. (2007). Disability Harassment. New York, NY: NYU Press.