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LAW ENFORCEMENT: THE POLICE AND THE AMERICANS WITH DISABILITIES ACT -- WHO IS BEING DISCRIMINATED AGAINST?

NCJ Number
145661
Journal
Criminal Law Bulletin Volume: 29 Issue: 6 Dated: (November-December 1993) Pages: 516-528
Author(s)
M R Smith; G P Alpert
Date Published
1993
Length
13 pages
Annotation
The scope of the the Americans with Disabilities Act (ADA) and its impact on law enforcement agencies are examined.
Abstract
The ADA extended basic protections of the Rehabilitation Act of 1973 to virtually all levels of government and private industry. This article provides a detailed discussion of the ADA as related to law enforcement concerns. Areas discussed include medical exams and questionnaires, drug testing and use, physical agility tests and reasonable accommodations of disabled persons. Recommendations of the authors include the cataloging, publishing and posting of the essential functions of the entry-level patrol officer position to be used as a measure against which all applicants, including the disabled, can be measured, the modification of facilities to accommodate disabled persons, and the elimination of medical inquiries in job applications. For current employees, physical examinations and promotional tests must be job-related and consistent with business necessity. An employee should be designated to oversee the ADA compliance process. Investigative and grievance procedures and other information about the ADA must be made available to applicants, employees, and other interested members of the public.