Ada: A Federal Law Protecting The Disabled
The Americans with Disabilities ACT (ADA) of 1990 is a federal disability law that prohibits discrimination against a disabled individual in employment, public accommodations, telecommunication, transportation, state and local government, and commercial facilities.
People who are seen as disabled are those who:
Have a mental or physical impairment that substantially limits a major life activity
Have a record of having this impairment
Are considered to have this impairment
This law does not specifically enumerate all impairments that are included, but usual examples include reliance on walkers and canes, using of a wheelchair, learning disability, blindness, deafness, and specific types of mental illness.
Disability Discrimination in the area of Employment
Title I of ADA prohibits state and local governments, private employers, labor unions, and employment agencies from discriminating against a qualified disabled person in:
Hiring
Firing
Procedures in job application
Fringe benefits
Retirement plans
Compensation
Job training
Job advertisements
Disability leave
Advancement
Other privileges, terms, and conditions of employment.
Employers who have 15 or more workers are required to give qualified disabled people an equal chance to benefit from employment opportunities that may be availed by others.
Employers should provide reasonable accommodation to a qualified disabled applicant or employee who can do the functions of a job with or without accommodation by doing the following:
Changing work schedules, job restructuring, reassignment to an available position
Making company facilities used by all employees readily available and usable for disabled people
Changing or acquiring devices or equipment, and offering qualified interpreters or readers
Filing Discrimination Charges
A person who thinks that his or her employee rights were violated is entitled to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). Any person, agency, or organization may also file a charge on behalf of someone. This is done in to protect the identity of the aggrieved person.
Information that should be given when filing a charge includes:
Date when the alleged violation occurred
Name, telephone number, and address of the complainant
Name, telephone number, and address of the respondent employer, union, or employment agency that said to have discriminated, and number of persons involved
A charge should be filed with the EEOC before any private lawsuit is filed in court. The aggrieved person is required to file the charge within 180 days. This counting will start from the day the alleged violation happened.
The time limit for filing charges may be extended up to 300 days if the alleged violation is also covered by state or local laws that prohibit discrimination.
Before filing discrimination charges, the aggrieved person should first seek legal counsel. Attorneys who are familiar with the federal disability law can give their clients the proper guidance and help needed.
