[The American with Disabilities Act employment provisions and impact for persons with mental illnesses]

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QUESTIONS

Question 1:

What are the provisions of the ADA as they relate to employment?

Question 2:

What is the impact the ADA has had on employment opportunities for individuals with mental and physical disability?

The American with Disabilities Act employment provisions and impact for persons with mental illnesses

Introduction

The (ADA) Americans with Disabilities Act of 1990 gives civil rights protection for handicaped persons and forbids favoritism in giving jobs and public services. ADA forms a book in which the legislation is arranged title-vise. First title of the ADA forbids employment favoritism against persons with disabilities by employers in any particular organization. ADA was approved in 1990 by Congress as a Public Law 101-336 under the authority of President H W Bush. With the evolution of these important new constraints associated with the general definition of disability, the life got a bit easy for the disables. In reducing the holding of Sutton, the ADA now specifically rejected almost all. ADA was then amended by Congress In 2008, this time by George W. Bush and became Public Law 110-325. This law is known as the Law on Amendments to the ADA (ADA-AA, Amendments Act). ADA got in into force from first of January, 2009. Hence, from 2009 there have been substantial alterations in the law in regard to employment rights under the ADA. The study uses secondary research method to outline the basic provision under the law and the affects that its implementation has brought in the lives of Americans, especially those with mental illnesses. The study is based on secondary data collection. The data is extracted from various journals, articles and books. Secondary study describes information gathered through literature, publications, broadcast media, and other non-human sources. This type of study does not involve human subjects. (Greenwood, 2007)

Question: What are the provisions of the ADA as they relate to employment?

Employment Provisions for Disabled People

Despite many efforts, an internationally accepted definition of disability does not exist (Albrecht et al. 2001). Nonetheless, on the national level classifications that constitute disability as social fact are in operation. Pedagogical diagnostics defining special educational needs are of great significance for establishing individual positions not only in the school system but also in later life. Medical experts serve as gatekeepers to the rehabilitation system and have great influence on disability categories, while legislation and courts serve as agencies to control disability as social problem.

Title I (Employment) of the ADA prohibits restrict, segregate or classify an individual adversely based on their disability, affecting their employment opportunities. Title I also prohibits them being denied jobs or benefits to a person on the basis of its relationship with someone who has a disability. Title I applies to both private employers and the public with at least 25 employees (15 employees from July 25, 1994.) Title II of the Act applies the same standards to local government employers and state regardless of the number of employees. The provisions of Title I also apply ...