The ADA Essay

1193 WordsJan 28, 20095 Pages
Disability Discrimination: The Americans with Disabilities Act Fair and equal treatment is one of the cornerstones of this great nation. The Americans with Disabilities Act was enacted to protect those needing accommodations from discrimination and exclusion. To ensure fair and equal treatment no matter the disability you suffer from, the Americans with Disabilities Act must undergo many changes. Without these much needed changes, the legislation once intended to protect disabled individuals will fail its intended goal. The ADA must be revised to eliminate its legal loopholes, allow for the application of workmen’s compensation injuries, and to enact strict penalties to deter future violations. To start, the ADA must have several sections reworded to eliminate the legal loopholes that employers exploit in their discriminatory practices. The ADA’s lack of adaptability, its indistinctness, and financial burden have allowed the legislation to be utilized as a tool against the individuals it was intended to protect (Reynolds, 1995). To allow for the proper application of the ADA as intended by disability law, the specific definition of disabilities that qualify under the ADA must be included (Lande, 1998). In many instances, an employer will refuse to consider a disabled applicant for consideration, despite the employees’ ability to perform the essential duties of the position with reasonable accommodation. These illegalities leave the individual in a “catch 22” situation, as they are unable to collect disability, because they in fact are able to work, but employer has turned the individual away because of his/her disability (Shaw, 2008). Additionally, in the case of the employee being terminated due to his disability, the employee must show at direct connection between the disability and their work duties, leaving the affected person with a large burden of

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