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Americans With Disabilities Act of 1990: Questions and Answers

NCJ Number
137731
Date Published
1992
Length
45 pages
Annotation
This document was developed in response to numerous requests for information and clarification on the impact of the Americans with Disabilities Act of 1990 (ADA) on the employment practices of law enforcement agencies and related organizations in California.
Abstract
The ADA, which was signed into law on July 26, 1990, has five sections that together prohibit discrimination against qualified persons with disabilities in the areas of employment, public services and transportation, public accommodations, and telecommunication services. This booklet focuses on the section on employment (Title I); however, Title II on State and local government operations is discussed where appropriate. First examined is who is covered and protected by the ADA, the ADA's definition of "disability," conditions not protected under the ADA, whether a medical disqualification in the police selection process would in itself be a substantial limitation for employment, and who is a "qualified individual with a disability." Other topics discussed are essential job functions, drug and alcohol use as a disability, the nature of reasonable accommodation under the act, undue hardship, selection procedures and qualification standards, training contracts, and preemployment inquiries. Also addressed are preemployment medical examinations, employee medical examinations, State versus Federal regulations, insurance, enforcement, and posting requirements. Appendixes discuss peace officer job duties, peace officer duties and task groups, and peace officer physical job demands. 18 references