Careers

What is the Americans with Disabilities Act Amendments Act of 2008?

The Americans with Disabilities Act Amendments Act of 2008 strives to improve the legal definition of "disability" and strengthen the focus of the Americans with Disabilities Act (ADA) on preventing discrimination.

The Job Accommodation Network (JAN) maintains Accommodation and Compliance Series: The ADA Amendments Act of 2008 to share implications of the legislation and updates from the courts and the government.

What practices are covered by employment non-discrimination requirements?

According to the U.S. Department of Justice, "The ADA prohibits discrimination in all employment practices. This includes not only hiring and firing, but job application procedures (including the job interview), job assignment, training, and promotions. It also includes wages, benefits, leave, and all other employment-related activities."

What is Disability:IN and what do they do?

The vision of Disability:IN is “An inclusive global economy where people with disabilities participate fully and meaningfully.” The organization’s goal is to collaborate with purpose to promote the full inclusion of people with disabilities, to inspire accessible innovation for all, and to foster cultures of inclusion. Disability:IN works with corporate partners and affiliates and maintains enduring alliances with LGBTQ+ individuals, women, and people of color.

Which employers are covered by title I of the Americans with Disabilities Act?

According to the U.S. Equal Employment Opportunity Commission (EEOC), "The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.."

What are the Governors' Committees on Disability and Employment and what do they do?

Each governor in the United States has a committee that works with them to develop strategies to promote the employment of people with disabilities. Each committee works to create statewide effective use of rehabilitation programs and highlight best practices for hiring and promoting individuals with disabilities. Sometimes subcommittees are created to address specific barriers experienced by job seekers with disabilities such as accessible transportation, application materials, and work environments.

Does an employer have to give preference to a qualified applicant with a disability over other applicants?

No. According to the U.S. Equal Employment Opportunity Commission's website called The ADA (Americans with Disabilities Act): Questions and Answers, "An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to the existence or consequence of a disability." A detailed job description can be used to compare job candidate skills and experiences as they relate to the open position.

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