ADA Effects

The ADA defines disability as a "physical or mental impairment that substantially limits an individual's major life activities" (Hunsicker 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 is 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 prohibits d

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applicants unless it can show that such accommodations would present an undue hardship. This hardship is generally interpreted as requiring significant expense or difficulty. 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? So long as the disability does not prohibit the individual from performing the essential job functions; instead, the employer would be expected to make accommodations to enable the individual to work in this environment. Employers who fail to set up job requirements and reject a disabled applicant on the grounds that the individual is not able to perform the job risk litigation (Feddis 118). ADA Compliance In order to remain in compliance with ADA and to protect themselves from refusal-to-hire liti
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Approximate Word count = 1775
Approximate Pages = 7 (250 words per page)