Explore BrainMass

Explore BrainMass

    Evaluate Employment Law: Americans with Disabilities Act

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    It is often court cases that provide clarity and direction for the original law. The Americans with Disabilities Act of 1990 (ADA) is no different.

    Analyze the development and the legislative history of the ADA. This analysis needs to include all the relevant issues in this history. Analyze two court cases that have further defined the original law. These cases should provide examples which serve as guidelines for human resource executives.

    © BrainMass Inc. brainmass.com December 15, 2020, 11:49 pm ad1c9bdddf

    Solution Preview



    The history and development of the ADA act is rooted in the struggle to ensure that Americans with disabilities would be treated equally, and one of the most important events in this history occurred in 1973 when a historic shift occurred in public policy wherein the 1973 passage of Section 504 of the Rehabilitation Act occurred. This barred discrimination against disabled American citizens from any entity that received federal funds, and the section was tailored after laws that were created to ban the use of discrimination based upon race and sex by any agency that received federal funds. This was the first legislation in U.S. history to ban discrimination against disabled citizens, which was a major turning point in cultural views throughout society wherein the previous view was that disabled citizens would inevitably be unable to work because of their disability or face significant challenges living on their own.

    This section also established these citizens as a class, which provided them minority status and would be important in constructing the ADA in the future. By establishing disabled citizens as minorities who were similar to women and ethnic minorities, they could receive greater protections as a group who were discriminated against. Obtaining class status was a significant win for the turning point as it bolstered efforts to create a movement that would revolve around championing the rights of all disabled Americans under the umbrella of a minority group who were discriminated against because of their disabilities.

    The next important legislative step involved defining non-discrimination wherein the Department of Health, Education and Welfare was tasked with establishing the regulations that would ...

    Solution Summary

    Employment law is evaluated with relation to the Americans with Disabilities Act.