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Employment Rights and the Disability Discrimination Act

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Federal Disability Discrimination Act

The federal laws of the United States prohibit employers from discriminating against workers based on the person's religion, race and gender. The government has also enacted federal legislation protecting those with a disability from discrimination by current and potential employers.

History


The Americans with Disabilities Act was enacted in 1990 under President George H.W. Bush. The original law was largely modeled after 1964's Civil Rights Act. Today, the National Council on Disability regularly tracks court rulings and governmental programs that may undermine or violate the act. Since 1990, amendments to the act have strengthened the law.


Purpose


The Americans with Disabilities Act was created in order to stop discrimination in the workplace. As long as the person is able to perform the work, employers cannot use the person's disability as a reason for denying employment. Disabled individuals must receive pay and benefits that are comparable to those without disabilities as well. In addition, employers must make their workplace accessible to the disabled unless doing so is unfeasible or would cause an extreme financial hardship.


Inclusions


Those with any impairment that prevents fulfillment of a specific basic function are eligible for protection under the law. Both physical and mental disabilities are included in the Americans with Disabilities Act. Not all employers are subject to terms of the law. Small businesses with less than 15 employees are exempt. Governmental organizations at the state, city and county levels with less than 15 employees are exempt as well.