According to the latest survey conducted by the U.S Census Bureau, there are approximately 49.7 million Americans having disability, which includes people of all ages. That is why the enactment of the Americans with Disabilities Act (ADA) is of great help for the people.
The Americans with Disabilities Act does not cover all kinds of impairment or employment disability. They formulate their own definition of disability and if your disability is not within the definition then you are not covered by the Act.
How does Americans Disabilities Act define disability?
The common issue encountered by individuals with this Act is whether their disabilities fitted the definition under the Americans Disabilities Act or not.
The Americans with Disabilities Act defines disability as an impairment that substantially limits a major life activity for a period of not less than a year or expected to result in death.
A number of court cases have been dismissed because they are not suffering from disability as defined by the Americans with Disabilities Act.
Who is protected by ADA?
The Americans with Disabilities Act protects individual with disability who is qualified to for employment.
Although ADA does not provide a list of disabilities to be covered by the act it has outlined its own legal standard in how a person be considered as suffering from certain disability.
ADA protects only those persons with serious long-term condition. It does not protect those having minor and short-term conditions.
In order to fully ensure that the right of the disabled be protected especially with regard to employment, the US government created the Office of Disability Employment Policy or (ODEP).
What is ODEP?
The Office of Disability Employment Policy or ODEP is an agency, under the US Department of Labor, which provides national leadership to increase employment opportunities for adults and youth with disabilities while striving to eliminate barriers to employment.
The Americans with Disabilities Act prohibits discrimination in employment of qualified individual with disability. The Act also outlaws discrimination against individuals suffering from disability in State and local government services, public accommodation, transportation and communications.
ADA also punishes discrimination in other aspect of employment such as:
Recruitment
Firing
Hiring
Training
Job assignments
Promotions
Pay
Benefits
Lay offs
Leave
Many other employment related activities
What to do if you think you are discriminated?
If you have experienced discrimination especially with regard to employment disability, you should contact the US Equal Employment Opportunity Commission. You can also file a charge for discrimination within 180 days from the alleged discrimination. You have up to 300 days to file a charge if there is state or local law that provides relief for discrimination on the basis of disability.
However, for your immediate protection you can report your case immediately to the Office of Equal Employment Opportunity Commission.
If it has been proven that discrimination exist, you can be entitled to:
Hiring promotion
Reinstatement
Back pay
Reasonable accommodation
Reassignment
Attorneys fees
If you have encountered any acts of discrimination due to your employment disability, log on to http://www.attorneyservicesetc.com/Employment-Disability.html and seek legal assistance from our team of highly skilled Employment Law attorneys. We also provide free case evaluation for our clients.
Maribel Roncales, once aspired to become one of the member of the elite force in the military before she pursue her law studies. Her exposure in writing starts during her high school days. For now, she is pursuing her dream to become a lawyer while working as a writer in a Los Angles based law firm.
This article has been accessed 7 times since 2008-09-24.
