The Americans With Disabilities Act (ADA) was designed to protect workers with disabilities against employer discrimination.
In actual practice, how well does the Act achieve this goal? Explain. Please support with examples from recent court decisions.© BrainMass Inc. brainmass.com December 19, 2018, 10:22 pm ad1c9bdddf
Please see the response attached. I hope this helps. Best of luck in your continued studies and take care.
Business, Business Law Year 4 Americans with Disabilities Act Hi, This topic is SOMEWHAT controversial. However, it seems like ADA is working on some levels of applications; however, there is DEFINITELY room for improvements in other areas. Let us take a closer look through discussion and examples of courts cases, which you can then draw on for your final copy.
1. In actual practice, how well does the Act achieve this goal? Explain. Please support with examples from recent court decisions.
After readings some of the literature and the court cases, THIS TOPIC IS clearly controversial. THIS DEMANDS THAT YOU TAKE A POSITION, meaning that you could either agree or disagree with the statement. Without sounding trite, the best I could come up with is, it depends.
Let's consider some of the evidence to help you decide where you would like to position yourself in this debate.
I. ADA protects some areas, but not others:
For example, although The ADA protects:
- Against discrimination for persons who have a disability
...there are still areas for potential discrimination because the ADA does not protect:
- Against discrimination based on genetic conditions that do not yet show symptoms
- Potential workers from employer requests to provide genetic information after a conditional offer of work has been extended but before they begin work
- Workers from employer requirements to provide medical information that is job related and consistent with business necessity
Limited power of EEOC (Equal Employment Opportunity Commission)
- A federal agency, has limited power as to what it can protect:
- which often works against the persons with disabilities. For example, EEOC issued guidance in 1995 in an attempt to address genetic discrimination in the workplace. However, the EEOC's guidance does not have the same legal, binding effect as a regulation and is thus limited in what it can protect (http://www.sph.unc.edu/nccgph/phgenetics/legislation.htm#workplace). This is serious, because when the Court rulings do NOT favor the plaintiff, EEOC has limited powers of what it can protect.
II. Large Number of case
- Based on the number of discrimination cases that come before the courts suggests that ...