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Disability discrimination - Essay Example

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The American Disabilities Act (ADA) of 1990 was originally intended to allow access to employment for those persons with disabilities at a level equal to what all others enjoy. This paper will present an overview of the ADA along with its legal, financial and practical implications for employers. …
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Disability discrimination
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Disability discrimination

Download file to see previous pages... The American Disabilities Act (ADA) of 1990 was originally intended to allow access to employment for those persons with disabilities at a level equal to what all others enjoy. The Act was passed with civil rights as its impetus and does not allow divergences of its intention because of employer’s perceptions. This paper will present an overview of the ADA along with its legal, financial and practical implications for employers. It will also describe the methods by which an employer could legally discriminate against those with disabilities and offers remedies that can and are being utilized in an effort to counteract the financial affects of the Act.The ADA is ground-breaking legislation which was crafted “to establish a clear and comprehensive prohibition of discrimination on the basis of disability” (Americans with Disabilities Act of 1990, 2000). It is an extension of the 1964 Civil Rights Act which prohibits discrimination on the basis of race, national origin, religion or gender. The ADA affects those employers with 15 or more employees (Loy & Gebremedhin, 2001). The constitution gives the Congress power to control interstate commerce. It has interpreted the scope of this authority, some may suggest, in a very broad context by, for example, enacting the Civil Rights Act and ADA. Congress reportedly discovered sufficient evidence which supported its deduction that discriminating against those with disabilities by institutions and employers inhibited interstate commerce before it passed the ADA legislation. ...Download file to see next pagesRead More
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