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Millicent has been teaching at the university level since 2004. She holds a Bachelor's degree in Criminal Justice and a Master's degree in Human Resources.
After being in a horrible car accident, John could no longer walk and was confined to a wheelchair. He decides to use a service dog to help him get around. When John attends his cousin's wedding out of town, the dog goes with him. However, there is a problem when he tries to check into the hotel, as the receptionist firmly tells John that no animals are allowed on the premises. John wonders if this is a violation of his rights under the ADA.
The Americans with Disabilities Act (ADA) is an act that was signed into law in 1990 by President Bush and has been amended since to extend the rights of the disabled. It's intended to afford equal rights to people with disabilities and protect them from discriminatory practices. There are five specific areas in which the ADA affords protection of rights:
Under the ADA, a disability is defined as a mental or physical impairment that substantially limits a major life activity. Examples of a major life activity include (but are not limited to) eating, dressing oneself, walking, standing, lifting, and concentrating. In order to receive legal protection under the ADA, a person who has this type of limitation has to be regarded to have such a disability by others or have a documented record of the disability.
One of the major provisions under the Americans with Disabilities Act is that employers need to provide reasonable accommodations for individuals with disabilities. A reasonable accommodation is a change to the job environment or position that would allow an employee or applicant to successfully be able to perform the essential functions of a position or complete the application process for a position. Some examples of reasonable accommodations include:
Accommodations are considered reasonable when they do not cause an undue hardship on the employer. When making an accommodation becomes extremely costly, or becomes disruptive to work processes and conducting business, the accommodation would no longer be reasonable. In making this determination, the employer's size and financial viability are factors that would be considered.
Remember John? Considering the information we have, John would indeed be covered under the ADA. Being that John is in a wheelchair, he can be regarded as having a disability. Under the ADA, service animals are dogs that have been trained to assist people with disabilities. Not only was it illegal for the hotel clerk to deny access to John and his dog, it would have been illegal to question whether the dog was a service animal. John at this point has a legal case against the establishment for discriminatory practices under the ADA.
The ADA has no formal compliance protocol and currently relies on organizations and employers for self-compliance monitoring of the guidelines set forth under the ADA. Violations of ADA guidelines are currently enforced by four different agencies including:
To review, the Americans with Disabilities Act (ADA) was first signed into law in 1990, and it was adopted to protect the rights of individuals with disabilities and protect such individuals from discriminatory practices. The ADA extends to employment, local and state government services, public accommodations, commercial facilities, and transportation. In order to receive protection under the ADA an individual has to be regarded or have a record of having a mental or physical disability that substantially limits a major life activity, such as eating, walking, standing, lifting, or communicating.
Under ADA, employers are required to make reasonable accommodations for disabled employees and job applicants. When accommodations needed are determined to cause an undue hardship for the employer, they are no longer deemed reasonable. The ADA relies on organizations and employers to self-monitor compliance.
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Business Law: Help and Review30 chapters | 363 lessons
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