Garrett DeHaven Americans With Disabilities Act ADA

1
Garrett DeHavenAmericans With Disabilities Act
(ADA)

• What is it?
• The ADA which took effect July 26, 1992,
  prohibits private employers, state and local
  governments, employment agencies and labor unions
  from discriminating against qualified individuals
  with disabilities in job application procedures,
  hiring, firing, advancement, compensation, job
  training, and other terms, conditions and
  privileges of employment.
• Source http//www.eeoc.gov/facts/fs-ada.html

2
Americans With Disabilities ActWho qualifies,
who does it affect, and who is exempt?

• ADA pertains to people with physical or mental
  disabilities that may limit one or several major
  life activities
• An employee or applicant with a disability is
  qualified if they can perform the vital functions
  of their particular job with or without
  reasonable accommodation.
• Because of reasonable accommodation, the employer
  may have to modify work schedules, make
  facilities accessible to everyone, modify
  equipment or devices, etc.

• Employees and applicants that are presently
  engaging in the illegal use of drugs or alcohol
  are exempt by the ADA.
• The Equal Employment Opportunity Commission
  (EEOC) enforced the ADA which originally affected
  employers with 25 or more employees, but as of
  July 26, 1994 they dropped the number down to 15
  employees.

3
Americans With Disabilities ActCase Situation

•  In 1990, Robert Barnett, the plaintiff and
  respondent here, injured his back while working
  in a cargo-handling position at petitioner US
  Airways, Inc. He invoked seniority rights and
  transferred to a less physically demanding
  mailroom position. Under US Airways seniority
  system, that position, like others, periodically
  became open to seniority-based employee bidding.
  In 1992, Barnett learned that at least two
  employees senior to him intended to bid for the
  mailroom job. He asked US Airways to accommodate
  his disability-imposed limitations by making an
  exception that would allow him to remain in the
  mailroom. After permitting Barnett to continue
  his mailroom work for five months while it
  considered the matter, US Airways eventually
  decided not to make an exception. And Barnett
  lost his job.