ADA, Accessibility and Services Essay
The paper looks at The American Disabilities Act (ADA) as a tool for ensuring that the disabled people get an equal chance in the work environment. It first looks at the role of protecting the employees especially against discrimination, and also employers against forced employment. It brings balance between the two making sure everyone is happy. It finally looks at possible accommodation at the place of work, which makes it easier for the disabled employees to work efficiently just like the rest.
The American Disabilities Act (ADA) was put in place to protect against discrimination of qualified individuals with disabilities in regard to job application procedure, hiring, advancement or discharge at the place of work. Almost one in every five Americans has a physical or mental disability, in as much as they continue to face the frustration of employment barriers. However, research has shown that the performance of a disabled worker when placed properly equals that of an able-bodied co-worker, therefore the employers should be ‘disability-blind’ and give everyone a chance as long as they have the required qualifications. ADA, Accessibility and Services Essay
In section 503 of the Act, there is a requirement for the Federal and Government contractors to employ and promote qualified disabled individuals. The Act is put in place to apply rehabilitation Act standards to certain private employees, increase the number of adults being employed, and increase their employment options as well as ensuring that they retain Medicare coverage when they return to work. It also protects the disabled from intentional discrimination.
On the side of the employer, they are not required to give preference to disabled applicants, rather treat everyone equally and select the most qualified. That is why they are not supposed to ask whether one has any kind of disability during an interview. What they can do is focus on one’s skill set, non- medical qualifications such as education level or even ask for a demonstration of how one would perform in the particular job. After a conditional offer is made, the employer can then ask the question of disability and if require continue to do a test for all the applicants in that particular entry. If the disabled applicant does not qualify, the employer can let them go but must be able to demonstrate that the rejection is job-related. A reasonable accommodation can, however, be put in place to help a qualified applicant participate in the application or perform the job functions. These include job restructuring, acquiring or modifying equipment, training materials, and part-time or modified work schedules. Current use and possession of drugs are illegal, however, those workers who used in the past and are still recovering are protected against discrimination on the basis of their past use. ADA, Accessibility and Services Essay
All in all, the ADA brings some sort of balance in the workplace. The employees are protected against discrimination and given job opportunities despite their disabilities, while at the same time the employers are given a chance to select and have ‘able’ workforce. It’s also not every impairment that will lead to a protection as a disability, there are laid out procedures for determining the same. Even after employment, the balance between an employer’s needs and an employee’s rights is still maintained by the concept of reasonable accommodation. Not everything is as smooth as it should be, but the guidelines if put in place and practiced can make a very huge difference. The scope should also enlarge and include other employment sectors such as private so that more disabled and qualified people can get employed. ADA, Accessibility and Services Essay
Search ADA.gov. (n.d.). Retrieved from https://www.ada.gov/
Lawler, E. (2011). Federal Employment Protections for Volunteers with Mental Health
Disabilities. Retrieved from: http://onestarfoundation.org/wpcontent/uploads/2012/06/Legal-Dos-and-Donts_PowerPoint.ppt
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