Prohibited Discrimination Under the Americans With Disabilities Act

• NCJ Number: 186126
• Journal: FBI Law Enforcement Bulletin Volume: 69 Issue: 12 Dated: December 2000 Pages: 14-21
• Author(s): Thomas D. Colbridge J.D.
• Editor(s): John E. Ott
• Date Published: 2000
• Length: 8 pages
• Sale Source: NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based on their disability, and the protection of the ADA extends to discrimination in a broad range of activities, including public services, public accommodations, and employment.

Abstract

The ADA's prohibition against disability discrimination applies to most private and public employers in the United States, but not all individuals with a disability are protected by the act. To be protected, individuals with a disability must demonstrate they are otherwise qualified for the job they seek, can perform essential functions of that job with or without reasonable accommodation, and have a disability that substantially limits a major life activity. However, the ADA does not specifically define the term "reasonable accommodation" but rather provides examples of employer actions that may constitute reasonable accommodation. The Equal Employment Opportunity Commission has established general guidelines on reasonable accommodation. The ADA prohibits employer discrimination against qualified individuals with disability because of their disability with regard to application procedures, hiring and firing, promotions, pay, training, and other terms and conditions of employment. Further, the ADA requires employers to make reasonable accommodation for the disabled, identifies discriminatory employment practices, prohibits employers from discriminating against applicants or employees because of their association with people known by the employer to be disabled, and prohibits employer discrimination against qualified individuals with a disability with respect to all aspects of the employment relationship. ADA requirements dealing with medical examinations and inquiries and defenses to discrimination claims are considered. 78 endnotes, 1 figure, and 1 photograph