American Disabilities Act

American Disabilities Act

The Americans with Disabilities Act (ADA), Par 12 101 et seq, United States Code Annotated (USCA), Volume 42, is a law to achieve equality of disabled people. There are two problems concerning the interpretation of the ADA, which is currently affecting the U.S. On one hand, the question of crucial importance is who disabled the status of qualified employee (qualified disabled worker) within the meaning of (as defined in ADA) ( see par 12 111 (8), USCA, Vol 42), and therefore can claim the protection of the ADA falls against discrimination.

On the other hand, the scope of the obligation of the employer is to incorporate the revision takers with disabilities effectively in the operation ("reasonable accommodation"), which is very problematic. Par 12 111 (9) USCA, Vol 42, caters this issue as only a few clues (including existing facilities in operation for disabled workers to make available and accessible, facilitating part-time work, carrying out specific briefings and training measures, etc.), but there is no final regulation.

General guidelines for the interpretation of the ADA is issued by the U.S. Equal Employment Opportunity Commission (EEOC), a government agency that will promote equal opportunities for workers. In addition, there are numerous court decisions handed down concerning the interpretation of the ADA, the EEOC guidelines but some of the conflict. Therefore, the issue of liability gains in importance of these guidelines (Scheid, 1998).

In two decisions in June this year, the Supreme Court delt with such issues in the employment law context, the interpretation of the ADA. In the case of Sutton v. United Airlines, Inc. had the Supreme Court to rule on the legality of the lower court dismissing the action of two candidates to the recruitment of United Airlines. The plaintiffs suffered from poor eyesight, ...