American With Disabilities Act: Discrimination In The Workplace

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Americans with Disability Act Throughout history, the pursuit of equality has been a major factor in shaping our society. However, a dark cloud has always existed that has prevented equality from truly taking shape. This cloud is known as discrimination and it comes in many different forms. The word discrimination is derived from the Latin word “discriminare”, which means to “distinguish between”. However, discrimination is much more than a distinction. Rather, it is an action that is based on prejudice, and it results in the unfair treatment of individuals or a group of individuals. In the business environment, discrimination is based not only on age,…show more content…
The American with Disabilities Act has an impact on the business world from two different angles. As stated earlier, the ADA ensures equal opportunity for individuals with disabilities in terms of employment, and in terms of their pursuit of goods and services; therefore, consideration has to be given to both employees and to customers. The ADA is comprised of five titles and each title mandates rules and regulations that businesses must adhere to in their daily operations. Title I relates to employment; Title II relates to public services and public transportation; Title III addresses issues related to public accommodations and commercial facilities; Title IV addresses the use of telecommunications; and Title V contains miscellaneous…show more content…
A qualified individual is defined as an individual who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. While preferential treatment does not have to be given to a qualified applicant with a disability over other applicants, the hiring decision should not be based on the disability. For example, suppose two individuals apply for a job as a data entry clerk. One applicant possesses a disability, but she is provided with reasonable accommodations for the typing test and she types 60 words per minute. The other applicant does not possess a disability and she types 70 words per minute. If typing speed is a determining factor for the job position and is necessary for successfully completing job related tasks, the employer would be within guidelines if he hired the applicant without a disability. However, given the same scenario, if the applicant with the disability typed faster than the applicant without the disability, the employer would be in violation of guidelines to hire the slower of the two typists. Employment

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