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Employment Law ADA - Americans with Disabilities Act of 1990

HR Consultant 2012.01.15 01:16 Views : 556

Americans with Disabilities Act of 1990

FMLA가 자격조건이 안 될 경우에 취할 수 있는 다른 조치입니다.

그러나 이것도 의사의 진단서가 반드시 동반되어야 합니다.

Employee를 terminate시키는것은 언제나 법적 소송건과 직결될 수 있기 때문에 늘 신중을 기하셔셔 모든 위기에서 안전하게 통과하셨으면 합니다.

 

ADA도 안될 경우, 회사내의 Policy에 의존할 수도 있습니다. 그러나 모든 employee에게 공평하게 똑같이 적용시켜야 합니다. Cause 가 분명한 경우에는 물론 terminate 시킬수 있습니다.

 

From Wikipedia, the free encyclopedia
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Americans with Disabilities Act of 1990
Great Seal of the United States.
Full title An Act to establish a clear and comprehensive prohibition of discrimination on the basis of disability
Acronym ADA
Enacted by the 101st United States Congress
Effective July 26, 1990
Citations
Public Law 101-336
Stat. 104 Stat. 327
Codification
Title(s) amended 42
U.S.C. sections created 12101 et seq.
Legislative history
  • Introduced in the Senate as S.933 by Sen. Tom Harkin (D-IA) on May 9, 1989
  • Passed the Senate on September 7, 1989 (76-8)
  • Passed the House of Representatives on May 22, 1990 (unanimous voice vote)
  • Reported by the joint conference committee on July 12, 1990; agreed to by the House of Representatives on July 12, 1990 (377 - 28) and by the Senate on July 13, 1990 (91-6)
  • Signed into law by President George H.W. Bush on July 26, 1990
Major amendments
ADA Amendments Act of 2008
Supreme Court cases
Bragdon v. Abbott
Olmstead v. L.C.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams

The Americans with Disabilities Act of 1990 (ADA) is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009.

The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.

The "original intent" of the law, as co-conceived by Lex Frieden and Mitchell J. Rappaport, was to create civil rights law protections for people with disabilities that would be permanent, would not be able to be reversed or weakened, and would prohibit all discrimination. It was also intended so that Americans with disabilities would be kept in the mainstream in terms of scientific and medical research and developments, especially opening future opportunities in Space exploration to them, as well as public policy changes, healthcare law and policy changes, and civil rights protections and public law changes for Americans with physical, mental and cognitive disabilities. It was intended to be a flexible set of laws that could only be strengthened, not weakened, by future case law.

On September 25, 2008, President George W. Bush signed into law the ADA Amendments Act of 2008 (ADAAA). This was intended to give broader protections for disabled workers and "turn back the clock" on court rulings which Congress deemed too restrictive. The ADAAA includes a list of "major life activities."

 

** 상기 내용은 무단 복제를 금합니다.

** 상기 내용에 따른 모든 Liability 본인에게 있음을 알려드립니다.

** Counsel은 법률 자문이 아닙니다. 따라서 소송에 관련된 건은 전문 변호사와 상담하시는것이 좋겠습니다.

** 추가 질문이 있는 경우에는 아래에 댓들을 달아주시면 회신드리겠습니다.

 

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