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Two Laws ADA Questions and Answers. ADA's requirements for ensuring equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation, and requiring the establishment of TDD/telephone relay services.

Q & A about Americans with Disabilities Act

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A NATIONAL SPECIAL EDUCATION LAW

Section 504 applies to all agencies receiving federal funds. These funds may be forfeited if discrimination is substantiated. In 1975 the Education for All Handicapped Children Act (EAHCA), better known at the time by its public law number, 94-142, was passed. In 1990, when reauthorized, it was retitled the Individuals with Disabilities Education Act. This law incorporated many of the provisions won in earlier cases and through legislation. The law's key points are summarized:

 All children with disabilities must be educated.

Education must be provided in the least restrictive placement.

 Education must be individualized and appropriate to the child's unique needs.

It must be provided at no cost to parents.

Procedural protections are required to ensure that the requirements are met (such as parental notification, participation, consent, or possible hearing).

• Special Education: A Summary of Legal Requirements, Terms, and Trends, Book by Richard F. Daugherty; Bergin & Garvey, 2000

THE AMERICANS WITH DISABILITIES ACT

The Americans with Disabilities Act The Americans with Disabilities Act (ADA) was enacted in 1990 to assist 43 million Americans who are disabled. The ADA applies to covered entities such as employers and labor organizations; government services and programs; owners, tenants, and operators of commercial facilities and places of public accommodation; and providers of telecommunications. In this chapter I define the basic terms of the ADA and explain, in the context of the employment setting, the protections the ADA provides, why the law was passed, what conduct is prohibited, what affirmative obligations are imposed on employees and employers, and the practical application of the law's stringent requirements. Included are examples of typical workplace situations that show how the law applies and highlight the types of claims filed and disabilities most often cited in litigation. Many of us fortunately are able-bodied and able-minded. Consider, though, the following scenario: While you are walking to your car after work or walking home from a friend's house, an out-of-control car jumps the sidewalk and hits and throws you 100 feet. You survive but with permanent injuries, including the loss of your ability to walk and use of your writing hand. Now the ADA has meaning in your life. Everyone-able-bodied or disabled-needs to have respect for the differences, abilities, and feelings of others. We may look different on the outside, but we're very much the same on the inside. The ADA, unlike any other employment law, is proactive because it forces applicants, employees, and employers to talk, work together, seek solutions, look at differences, accept differences, and produce extraordinary results. A disabled individual may perform a job differently from someone able-bodied, but if the desired result is or can be achieved, the law prohibits employment discrimination.

• The Workplace Law Advisor : From Harassment to Discrimination Policies to Hiring and Firing Guidelines : What Every Manager and Employee Needs to Know, Book by Anne Covey; Perseus Books (Current Publisher: Perseus Publishing), 2000


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