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Americans With Disabilities Act

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Full description of what each act provides along with the implications for employers and managers. Also, the 2008 amendment to the act must be described with its' implications for employers.

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Solution Summary

The solution discusses teh American With Disbilities Act as well as the 2008 ammendment.

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"The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications." (ADA 2009)

What does this mean for the employer?

The Americans with Disabilities Act only applies to employees who have a disability. This group is considered a "protected class" under the law. "The ADA does not specifically name all of the impairments that are covered, but common examples of disabilities include confinement to a wheelchair, reliance on assistive devices such as canes and walkers, blindness, deafness, a learning disability, and certain kinds of mental illness." (ADA 2009)

The US Department of Justice enforces the Act and this makes sure the employers with over 15 employees adhere to the policies set forth. The Act's guidelines are:

Title I deals with employment. This title states that "it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship." (ADA 2009) If any of these factors are breached, the employee has the right to file a complaint against the company. Title I complaints are filed through the government's EEOC division and all complaints are addressed and pursued to the fullest extent of the law.

Title II and Title III deal with State and Local Government Activities. "Titles II and III of the ADA covers all activities of state and local governments regardless of the government entity's size or receipt of federal funding. ...

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