AMERICANS WITH DISABILITIES ACT

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Presentation transcript:

AMERICANS WITH DISABILITIES ACT Title I: Employment Title II: State & Local Government Services Title III: Public Accommodations including transportation services Title IV: Telecommunications Title V: Miscellaneous Provisions including attorneys' fees

TITLE I: EMPLOYMENT Covers employers with 15+ employees a/o July 26, 1994 enforced by the Equal Employment Opportunities Commission (EEOC) remedies include: injunction, reinstatement, back pay, <$300,000 in damages for intentional discrimination, reasonable attorney's fees

IMPORTANT CONCEPTS: qualified individuals with a disability - those who can perform the essential functions of a job with or without reasonable accommodations; reasonable accommodations - changes in the work environment or in the way things are usually done...determined on a case-by-case basis and must be effective to afford applicant or employee an equal employment opportunity;

IMPORTANT CONCEPTS: undue hardship - is a defense for noncompliance with the reasonable accommodation requirement; involves analysis of several factors, including the size of the employer, number of employees, and number of work sites; direct threat - a person who poses a direct threat to the health or safety of himself/herself or others, determined on a case-by-case basis using competent medical or other evidence, is not a qualified individual with a disability.

1994 HARRIS SURVEY OF PEOPLE WITH DISABILITIES DISABLED PERSONS INCOME <$15,000 40% >$50,000 10% NON-DISABLED INCOME <$15,000 18% >$50,000 22%

1994 HARRIS SURVEY OF PEOPLE WITH DISABILITIES DISABLED PERSONS SATISFIED WITH LIFE 35% NON-DISABLED SATISFIED WITH LIFE 55%