ADA and Rehabilitation Act Essay Assignment Paper

ADA and Rehabilitation Act Compliance and Other Disability Related Laws comprises public domain material from the Office of Disability Employment Policy, U.S. Department of Labor.

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ADA and Rehabilitation Act Compliance and Other Disability Related Laws

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ADA AND REHABILITATION ACT

Americans with Disabilities Act (ADA)

The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in employment, State and local government services, public accommodations, transportation, and telecommunications.

Rehabilitation Act of 1973

The Rehabilitation Act mandates non-discrimination by the federal government in its hiring and requires affirmative action, insures accessibility of buildings constructed with federal funds, mandates non- discrimination and affirmative action by federal contractors, prohibits discrimination in programs and activities, and requires standards for electronic and information technology.

OTHER

Age Discrimination in Employment Act (ADEA)

The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.

Fair Housing Act (FHA)

The FHA prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It also requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a “no pets” policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not

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required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities.

Fair Labor Standards Act (FLSA)

The FLSA’s basic requirements are payment of the minimum wage, overtime pay for time worked over 40 hours in a workweek, restrictions on the employment of children, and recordkeeping.

There are a number of employment practices that the FLSA does not regulate. For example, the FLSA does not require (1) vacation, holiday, severance, or sick pay; (2) meal or rest periods, holidays off, or vacations; (3) premium pay for weekend or holiday work; (4) pay raises or fringe benefits; (5) a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees; and (6) pay stubs or “W-2’s. Also, the FLSA does not limit the number of hours in a day, or days in a week, an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. However, some states have laws covering some of these issues, such as meal or rest periods, or discharge notices. For a list of state labor offices, visit http://www.dol.gov/whd/. For more information regarding the FLSA, contact your nearest Wage and Hour District Office. To find your nearest office, check your local telephone directory under U.S. Government, Department of Labor.

Family and Medical Leave Act (FMLA)

The FMLA requires private employers with 50 or more employees and public agencies including all state, local, and federal government employers regardless of the number of employees, to provide covered employees with up to 12 workweeks of unpaid, job-protected leave a year. It also requires these employers to maintain group health benefits during the leave as if employees continued to work instead of taking leave. To be covered by the FMLA, an employee must (1) have been employed by the employer for at least 12 months, (2) have been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave, and (3) be employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

Genetic Information Nondiscrimination Act of 2008 (GINA)

GINA includes two titles. Title I, which amends portions of the Employee Retirement Income Security Act (ERISA), the Public Health Service Act, and the Internal Revenue Code, addresses the use of genetic information in health insurance. Title II prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements. GINA required the EEOC) to issue regulations implementing Title II of the Act.

Individual with Disabilities Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.