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An Insight on Employment Disability Discrimination

About 43,000,000 Americans have mental or physical disabilities. In the past, people had a tendency to separate and isolate them. Because of the situation, a law was signed, the Americans with Disabilities Act of 1990 or ADA.

The Americans with Disabilities Act of 1990 or ADA forbids discrimination against individuals with disabilities in all aspects of society. Its purpose is to provide a clear and complete order so as to eliminate discrimination against disabled persons, making disability discrimination, unlawful or illegal.

Despite this law, disability discrimination is a major social problem that exists up until now.

The term "disability" is defined as:

- a mental or physical impairment that significantly restricts major life activities of a person

- being considered as having an impairment

- a record of such a physical or mental impairment

Areas where disability discrimination persists:

• Employment
• Recreation
• Voting
• Public accommodations
• Transportation
• Housing
• Health services
• Access to public services
• Communication
• Education
• Institutionalization

Various forms of disability discrimination:

• Prejudiced effects of architectural, communication barriers and transportation

• Direct deliberate exclusion

• Segregation

• Not being able to make adjustments to existing practices and facilities

• Overprotective policies and regulations

• Exclusionary requirement criteria and standards

• Relegation or demotion to lesser programs, benefits, services, activities, or other opportunities

Disability discrimination is very common in the workplace. As of November 2002, there were 319,709 ADA employment discrimination complaints reported. In 2007, the U.S. Equal Employment Opportunity Commission or EEOC received 17,734 charges of disability discrimination.

ADA also covers employment discrimination. Under the Title I of the Americans with Disability Act of 1990, it is prohibited for employers, employment agencies, local and state governments, and labor unions to discriminate qualified individuals with disabilities in all employment practices such as the following:

• Recruitment
• Hiring
• Job training
• Job assignments
• Lay off
• Benefits
• Promotions
• Pay
• Leave
• Firing
• Other terms, conditions, and privileges of employment

A qualified individual with one or more disabilities is a person that can execute the necessary tasks of the job, with or without reasonable accommodations or modifications.

Some reasonable accommodations are the following:

• Providing or adjusting devices or equipments

• Modifying or revising examinations, rules, or training materials

• Providing capable interpreters or readers

• Making modifications to existing facilities used by employees to be usable and easily accessible by individuals with disabilities

• Adjusting work schedules

• Restructuring of job

• Reassignment to an available position

Disability discrimination is against the law. If anyone thinks that he/she is being discriminated against in employment, one should file a charge within 180 days of the suspected discrimination.

Remedies that may be entitled to victims of discrimination:

• Hiring
• Promotion
• Back pay
• Reinstatement
• Reasonable accommodation
• Reassignment
• Attorney’s fees

With the help of Disability Discrimination attorneys, one would be able to fight for what is just and would help you attain equality and fairness in the workplace. These attorneys have enough competence in seeking for suitable reimbursements for you.

Article Source: http://www.articles.com.mx

Our disability discrimination attorneys are reliable in handling lawsuits resulting from employement discrimination. Log on to our website and learn more of your employment rights.

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