Employment
What is Title I under ADA?
Title I, (http://janweb.icdi.wvu.edu/kinder/pages/TitleIReg.htm) mostly pertains to employment questions. It states that business must provide reasonable accommodations to those individuals with disabilities, in all aspects of employment. This would include the hiring process, benefits, and wages as well as the physical layout of the business, and equipment used by the employer.
Section 106 of the ADA mandates that the Equal Employment Opportunity Commission (EEOC) http://www.eeonews.com/ regulates that title I is implemented by July 26, 1991, which is one year from which the act was enacted. Recently, part 1630 was added to prohibits discrimination against individuals with disabilities in all aspects of employment. This section is to include Title I, and sections3(2), 3(3), 501,503, 506(e), 508, 510 of ADA because they pertain to employment.
Title I, applies to employment of State and local government agencies, employment agencies, labor unions and general employment companies. companies with 25 or more employees are required to comply with ADA regulations as of July 26, 1992 and companies with 15 employees are to comply two years later.
Employer Requirements under ADA Title I:
Employment Discrimination:
Despite all the laws to protect individuals with disabilities in the workforce there still remains to be discrimination. As stated by Nathan Davidovich, in Disability Discrimination in the Workplace (http://www.cyberscribe.com/talklaw/disabil.shtml) "Disability Discrimination is the process of making decisions affecting an employee based wholly, or partly, upon the real or perceived disability of the employee, in those cases where the employee is a "qualified" individual under the ADA. Under ADA individuals with disabilities are protected from such discrimination as promotions, job training, compensation, hiring, and termination of employment.
Who is protected from Employment Discrimination?
All individuals who are covered under ADA as a "qualified" person with a disability, parents, and those known to have a relationship with an individual with a disability. In addition, persons who have recovered from cancer, or a mental illness are covered as well. Lastly, the law protects individuals with limited impairments, such as physical disfigurements from being discriminated against as well.
(Provided by Cyndi Weitzel, Andrea Schillinger, & Allison Mazer for fulfillment of EEX4243 11/01)