| The Americans with Disabilities Act of 1990 (ADA) was enacted to protect individuals with disabilities. The ADA was first signed into law in July of 1990, with amendments following in 2008, and was intended to change the ways in which disabled individuals were treated when it came to employment and accessibility in all areas, public or private. The ADA was enacted to prevent discrimination against people with disabilities---much like the protections offered by the Civil Rights Act of 1964 (denying discrimination of individuals based on race, religion, gender, or ethnicity). In the past, individuals with disabilities were often thought of as "broken" individuals; they were to be pitied or hidden away and forgotten. This was especially true when it came to employment. In reality, disabled individuals make very good employees---they are responsible and have an excellent work ethic. Most studies have shown that disabled employees exhibit above average records in job performance, attendance, and safety. The ADA is comprised of five titles, each one dealing with a different area of protection for the disabled individual. These titles cover everything from making accommodations to describing the type of questions that may be asked during a job interview. The titles explain what is expected of public and private businesses when it comes to new construction and when making necessary accommodations for disabled individuals. The ADA applies to all employers with 15 or more employees, and requires employers to provide reasonable accommodation to the employee, without creating undue hardship to the company. It is important for human resource personnel to understand the ADA, as they are often the first contact for a disabled individual regarding the need for accommodations. When an accommodation is requested, both the individual and the manager would be involved in researching the available options and setting up the accommodation. Most often the cost of accommodation is relatively small and, in many cases, there are tax breaks from the federal government. As with all laws, the ADA was open to individual interpretation and, due to the vagaries in the law, there were many court cases which all too often favored the employers. In order to clarify the definitions in the original Act, amendments were created in 2008---known as the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The ADAAA was intended to enhance the ADA, making it easier to understand and apply, but also giving the ADA "teeth." It gave the courts a better foundation to enforce the rights of individuals with disabilities, therefore encouraging employers to comply, without the need for court intervention. The ADA and ADAAA were not meant to punish employers, just allow a disabled individual the same opportunities as a non-disabled person. By improving access to services, and increasing employment options, the ADA and ADAAA have made significant, positive changes in the lives of all disabled individuals. |
