What is a Disability?:
Disability
is any impairment, activity limitation, or participation restriction. Any
physical or psychological abnormality that limits or prevents the ability to
perform any major life activity. Disability law is regulated by the Americans
with Disabilities Act and prohibits the discrimination of any individual with a
disability. It prohibits the discrimination in employment, education, housing,
and public services. Disability law requires employers to offer fair
opportunities to individuals with disabilities. It also requires that tenants
not discriminate an individual with a disability, that public schools meet the
needs of children with disabilities, and that public services be accessible to
all. Discrimination against those with disabilities is unlawful.
Procedures Under ADA:
The ADA
was enacted by the United States Congress to prohibit the discrimination under
certain circumstances against people with disabilities. The ADA prohibits age
discrimination as well as discrimination for any physical or mental disability.
The age discrimination in employment act protects those who are forty years and
older from discrimination based on age. Everyone deserves the same
opportunities in all aspects of the job. This includes hiring, training,
promotions, firing, benefits, and job assignments. The age discrimination act
also prohibits the discrimination in housing, education, and public services. If
an individual is discriminated against then they should file a complaint and
may even file a claim in federal court after an allowed period of time.
“Reasonable Accommodation”:
Reasonable accommodation is an adjustment or modification to a job or work
environment to give a qualified employee the ability to perform the functions
of the job. Reasonable accommodations give disabled employees equal
opportunities and prevents discrimination. To qualify for reasonable
accommodation a qualified employee must be able to perform the the tasks of the
job with or without accommodation. An employer is required to modify tasks for
an individual with disabilities. They should also make schedule changes that
would facilitate in any need an employee may have. Simple changes like
designated parking spaces, easily accessible break rooms and bathrooms are
required. Employers are required to provide equal benefits and equal
accommodations to all employees, even those with disabilities.
Undue Hardship:
Undue hardship is a legal term referring to any accommodation that would appear
to be difficult, costly, or extensive for the employer. Any accommodation that
is unreasonable to ask for would be considered an undue hardship. Disable
employees should be able to perform the tasks of the job to be qualified. While
an employer is required to make small accommodations to provide easier
accessibility to the job, they are not required to make any large
modifications. For example, they are not required to provide prosthetic limbs
to employees, if the employee can’t perform the tasks without the limb then
they are not qualified for the job. The disability act promotes the equal
opportunities for all, it also protects the employer from having to endure any
undue hardships.
