The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) make it illegal to discriminate against employees because of disabilities. 1 in 5 Americans, a total of 56 million people lives with disabilities. Disabled Americans possess a massive amount of talent and skill and when given the opportunity, the benefits they bring to our businesses and our economy are immeasurable. Modeled after the Civil Rights Act of 1964, the ADA is the “equal opportunity” law for people with disabilities.
Modeled after the Civil Rights Act of 1964, the ADA is the “equal opportunity” law for people with disabilities. The ADA makes it unlawful to discriminate in employment practices such as recruitment, hiring, training, job assignments, compensation, benefits, promotions, leave, layoffs, termination and all other employment related activities. It is also unlawful for employers to retaliate against employees for asserting their rights under the ADA.
Many disabilities are easy to recognize. However, an even greater number of disabled employees suffer from conditions that are not easy to spot.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This covers employees who have a history or record of such an impairment, or employees who are perceived by others as having such an impairment.
The ADA defines major life activities as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating. Thinking, communicating and working. In addition, major bodily functions are covered under the Act. These include, but are not limited to, functions of the immune, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive systems as well as normal cell growth.
The Americans with Disabilities Act is often heralded as the equal opportunity law for people with disabilities and rightfully so. The law allows disabled persons the opportunity to share their talent in the workplace. Our economy is stronger when the contributions of every person are accepted. Reasonable accommodations are generally inexpensive and a small price to pay when you consider the positive benefits of utilizing the massive resource of experience and talent that workers with disabilities possess.
