The Americans with Disabilities Act

The ADA defines disability as a "physical or mental impairment that substantially limits an individuals major life activities" (Hunsicker, 1990, p. 81). The definition is also applied to the history of an impairment or to the perception of having an impairment.

Under the ADA, discernible disabilities, such as impaired sight and hearing, orthopedic muscular conditions (including cerebral palsy and muscular dystrophy) are considered disabilities. Conditions that are difficult to recognize, such as cosmetic disfigurements, emotional disturbances (including depression) and low intelligence, are also included in the Act and discrimination against individuals with these conditions i also prohibited. AIDS patients are also covered by the ADA, requiring that employers show no discrimination towards those with AIDS or the HIV virus so long as the individual is otherwise able to perform the "essential" aspects of the job.

The ADA is patterned after Section 504 of the Rehabilitation Act of 1973. This section

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reasonable accommodations for qualified disabled workers and job applicants unless it can show that such accommodations would present an undue hardship. This hardship is generally interpreted as requiring significant expense or difficulty. For the fast-food industry, this requires that employers understand the true requirements of each job -- the essentials of the position. Applicants can not be rejected because of assumption, fear or prejudice. Employers must now have to conduct and document that they have sufficiently investigated each position and considered disabled job applicants as well as whether or not they can accommodate the disability. The ADA places the burden on the employer and those making hiring decisions. If the disability does not prohibit the candidate from performing the essential requirements of the job, what accommodations can the employer make that would enable the person to perform the job functions? For example, lower than standard counter heights at fast-food establishments might enable a fast-food outlet to hire a cashier who is confined to a wheelchair. The disability does not prohibit the individual from performing the essential job functions; instead, the employer would be expected to make ac
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Approximate Word count = 2647
Approximate Pages = 11 (250 words per page)

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