Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.
The Americans with Disabilities Act (ADA) applies to disabled individuals in employment. The ADA applies to private employers, state and local governments, employment agencies and labor unions. The Act broadly defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The definition also includes anyone who has a record of such an impairment or is regarded as having such an impairment.
The Americans with Disabilities Act prohibits discrimination against qualified disabled individuals in all employment practices including job application procedures, hiring, promotion and advancement, discharge compensation, training and other terms, conditions and privileges of employment. The ADA prohibits employment discrimination on the basis of a disability in all programs, activities and services provided for or operated by state and local governments.
The Americans with Disabilities Act prohibits discrimination against qualified disabled individuals in all employment practices including job application procedures, hiring, promotion and advancement, discharge, compensation, training and other terms, conditions and privileges of employment. The ADA also requires an employer to make certain accommodations to qualified applicants and employees with known disabilities as long as such accommodations would not impose an “undue hardship” on the employer's business.
The stated purpose of the Rehabilitation Act is to endorse economic independence of handicapped persons. This is done through the employment of people with disabilities and the inclusion of people with disabilities in American life. The Act thus creates the practical mechanisms and funding authority necessary to achieve these goals. The Rehabilitation Act provides that recipients of federal financial assistance are prohibited from discriminating against otherwise qualified handicapped persons solely by reason of their handicap.
The Rehabilitation Act covers handicapped persons in the federal government, federal government programs or an employer who contracts or subcontracts with the federal government. A handicapped individual is defined as any individual who has a physical or mental impairment that substantially limits one or more major life activities and either has a record of such impairment or is regarded as having such impairment.
Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.
Complaints can be filed with the EEOC or individuals seeking to bring a lawsuit under the ADA must first file a charge with the EEOC and/or with any state or local deferral agency established by a state. Remedies under the ADA include compensation and punitive damages in amounts limited by the size of the employer`s work force.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified disability discrimination lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local disability discrimination attorney to discuss your specific legal situation.
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