||Oracle Tips by Burleson
with Disabilities Act of 1990 (ADA
), Titles I and V
This federal statute prohibits discriminationagainst employees with disabilities in regards to job application
procedures, hiring, advancement, discharge of employees, employee
compensation, job training, and other terms, conditions, and benefits
In order to be protected by the provisions of the
ADA, employees must prove that they are disabled, and
qualified to perform the essential job functions. Under the ADA,
disability is defined as a physical or mental impairment that
substantially limits one or more of the life activities of an
individual. The ADA pertains to employers with at least 15 employees
and has been amended by the Civil Rights Act of 1991for additional specification. The ADA makes several declarations
Many Americans have disabilities, whether mental
or physical, and the numbers are increasing as the population grows
American society has tended to isolate and
segregate disabled individuals and this continues to be a widespread
There are important areas in our economy and
society that are impacted by discriminationincluding housing, public accommodations, employment, education,
communication, transportation, recreation, health services,
institutionalization, access to public services, and voting.
In the past, individuals who have been
discriminated against for disabilities were given limited options
for addressing these issues.
Disabled persons continue to be the target of
discriminatory practices such as poor access to facilities,
transportation, communications, exclusion, segregation, and
relegation to a lower status in society including employment
In American society, individuals with
disabilities are mistreated socially, economically, and
Disabled persons live under many restrictions
that limit their political influence and rights, and reduce their
The disabled are to be treated equally with all
other members of society as regards all aspects of life.
Discrimination of disabled individuals diminishes the overall
economic viability and productivity of the nation through unfair and
factor resolutions impairment/bases in order of prevalence are (1)
orthopedic and structural impairments of the back, (2) regarded as
disabled, (3) non-paralytic orthopedic impairment, (4) depression,
(5) hearing impairment, (6) Diabetes, and (7) vision impairment.
- EEOC ADACharge Data
by Impairment/Bases Merit Factor Resolutions FY1992 – FY2002.
It is very risky to fire any disabled IT employee
because of the special protections offered by the Americans with
Disabilities Act (ADA).
The Americans with Disabilities Actwas enacted with the intention of:
Eliminating discriminationagainst individuals with disabilities.
Defining standards to address discriminationagainst individuals and disabilities, including its relation to
Maintaining the Federal government as the lead
enforcer of standards to protect individuals with disabilities.
Using Congressional authority to address
discrimination issues affecting those
individuals with disabilities.
Discrimination as defined by the Americans with
hinder an employer from firing an employee without legal retribution
and is based on the following principles:
Classifying a job applicant or employee to harm
their opportunities or status related to their disabilities.
Entering into a contract or other relationship
that discriminates against an individual with disabilities.
Maintaining standards or administrative policies
that are discriminatory based on an individual’s disabilities.
Denying equal jobs or benefits due to a person’s
The employer not making reasonable accommodations
for a known physically or mentally disabled person that is otherwise
qualified, unless the accommodation causes undue hardship on the
company. Reasonable accommodations, for example, may include shortened
or flexible work schedules, wheelchair ramps, or larger computer
screens. Reasonable accommodation may vary by employer and by the
disabled employee depending on:
The company’s financial condition.
Essential job functions.
Responsibilities of the job functions.
The nature of the business.
The severity of the employee’s physical or
The number of workplace accommodations that are
effective the accommodations are at assisting the employee with
performing the job function.
Utilizing qualification criteria, employment
tests, or other selection methods that screen out disabled
individuals, unless the selection standards are a business
Administering employment tests that do not accurately measure the
required skills of a disabled individual, but rather highlight the
physical or mental impairments of such a person.
The above book excerpt is from:
Firing Computer Professionals
manager Guide for Terminating "With Cause"