ADA (Americans with Disabilities Act) for Best Practices

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In order to maintain best practices in any business institution, it is important to abide by regulations. The Title 1 of the Americans with Disabilities Act of 1990 is a regulation which cannot be ignored. Failure to comply with this regulation as a best practice, will only lead to unfavorable consequences. Here are some facts about the disabilities act which must be acknowledged for best practices.

The Act:

Discriminating against disabled employees with qualifications is prohibited in the United States of America. It has been mentioned clearly in the act, that this law applies to private, state and local government employment agencies and labor organizations. Individuals with disabilities cannot be treated with injustice during interviewing, hiring, firing, advancement, compensation, job training and other career related processes.

The Americans with Disabilities Act (ADA) is applicable to organizations with at least fifteen employees. This applies to state and local government organizations as well. The standards set by the discrimination act are also applicable to federal sector employees. Federal employees are protected by the section 501 of the Rehabilitation Act which has its own rules for best practices.

ADA Applies to …

According to the act, an individual is considered for entitlement to the disabilities act if he or she has:

  • Any condition recognized as impairment.
  • Mental or physical impairment which has a major influence on activities of life.
  • A record of the impairment as an official acknowledgement of the condition.

Reasons for not discriminating disabled employees

If the disabled has the capacity to fulfill the following requirements, not hiring him or her will be considered as discrimination. The requirements are that he or she will:

  • Make use of the existing facilities used by other employees without need for adjustments by the employer.
  • Comply with work schedules and make necessary adjustments for the job requirements
  • Adjust to the equipment and facilities or policies while providing qualified services.

At the same time, employers are expected to make necessary and reasonable adjustments to accommodate qualified individuals with disabilities for best practices. These accommodations and changes may vary depending on the nature of the business or organization. For example:

  • Arrangements made for deaf applicants or employees during a job interview.
  • Frequent breaks for diabetic employees
  • A reader for blind employees
  • Accommodating arrangements for employees with cancer

However, these arrangements are to be made when the employer is capable of providing the necessary arrangements.

Other features of the ADA include the following best practices:

  • Employers cannot ask the disabled about the severity of his condition or ask for a medical examination. This can only be acceptable if the requirements for the job apply to everyone.
  • Employees with drug or alcohol abuse will not be covered by the ADA.
  • Retaliating against an individual with disabilities for opposing employment practices in accordance with the ADA regulations will be considered unlawful.

The ADA guidelines cover many other requirements for both the employer and the employee. Knowledge and compliance with best practices is important in order to avoid legal action and unnecessary risk.

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