Becoming Familiar with the Americans with Disabilities Act

Abstract

Before turning our attention to the recent developments in employment of the disabled and becoming familiar with these developments, it is important to define what the words disability and handicap mean in general. The majority of us use these two words interchangeably. There is, however, a difference in the meanings that should be understood before any further examination into the topic is made. Disability is the functional limitation within the individual that is caused by physical, mental, or sensory impairments; handicap is the loss or limitation of opportunities to take part in the normal life of the community on an equal level with others due to physical and social barriers [5]. Until the end of 1992, over 251,000,000 persons were classified as disabled in the United States. Males account for 49%, while females make up 51% of this population. There is also a strong relationship between age and the likelihood of a disability. Persons 65 years and over made up 12.2% of the total population, but they accounted for 33.8% of all persons with a disability. Persons with low incomes are more likely to have disabilities than persons with high incomes. As far as employment goes, the employment rate among both sexes for persons with no disability was 80.5%, but the rate was 24.1% for disabled persons [5]. People with disabilities have unfortunately not been part of the American mainstream and are still excluded from full participation in society. Millions are seeking employment so they too can earn a living and become socially and economically independent. Such employment statistics brought about the Americans with Disabilities Act (ADA). The ADA is the most significant federal civil rights legislation that has affected and will continue to affect private employers since the passage of Title VII of the Civil Rights Act of 1964. It was signed by President Bush on July 26,1990. For employers with 25 or more employees, the ADA went into effect July 26, 1992; and for employers with 15–24 employees, it went into effect on July 26,1994. Companies with less than 15 employees are exempt from the job‐bias rules. Stated in the most simple terms, the ADA will prohibit discrimination in employment and in access to public services based upon disability. Employers must now provide reasonable accommodation to disabled employees and applicants as long as this does not inflict undue hardship on the business. Three major barriers currently exist for working‐aged disabled people: discrimination, lack of employment opportunities, and places with reasonable accommodations for the disabled.

Citation

Hingorani, D. and Kleiner, B.H. (1995), "Becoming Familiar with the Americans with Disabilities Act", Equal Opportunities International, Vol. 14 No. 6/7, pp. 8-16. https://doi.org/10.1108/eb010645