Describe the Regulations Under Which Disabled Employees Can Seek Protection

Question

Examlex · Accepted Answer

The Answer is Americans with Disabilities Act (ADA)and Rehabilitation Act protection means that,generally,as long as an applicant or employee is otherwise qualified for a position,with or without reasonable accommodation,the employer is prohibited from making any adverse employment decision solely on the basis of a disability.For example,as long as the employee is able to adequately perform,the employer may not terminate the employee merely for using a walker to facilitate mobility.The employee may be able to claim discrimination on the basis of her or his disability if the employee can prove,in addition to the fact that the ADA applies to her or his employer,the following:
• She or he is disabled.
• She or he is otherwise qualified for the position.
• If an accommodation is required,the accommodation is reasonable.
• She or he suffered an adverse employment decision such as a termination or demotion.
In 2008,largely in response to the general dissatisfaction with progress for disabled workers,Congress passed the ADA Amendments Act (ADAAA),which sought to right some of the perceived wrongs in the way the law was written and the way it was being interpreted.In essence,by broadening and clarifying definitions of terms used in the ADA,the ADAAA mandates that the ADA be broadly rather than narrowly interpreted.
Employers should keep in mind that there are state laws as well as the federal laws that protect employees from discrimination.Employees filing claims based on a disability may find greater relief in state courts,applying state laws.In some states,damages are higher for disability discrimination under state laws,and claims are easier to prove than in federal courts applying the federal laws,although this may change as courts apply the broader interpretations mandated by Congress in the ADAAA.

Describe the Regulations Under Which Disabled Employees Can Seek Protection

Definitions: