Does the ADA require preferential treatment for individuals with disabilities?
The ADA does not require preferential treatment of individuals with disabilities, as employers are free to select the most qualified applicant for the position, but it does prohibit discrimination based solely on a candidate’s real or perceived disability.
What is preferential treatment?
In short, it is any special treatment. Preferential treatment may be based on an irrational whim, prejudice, or taste--as when one prefers strawberries instead of blueberries, or when it is said "gentlemen prefer blondes."
What is preferential treatment of the blind?
Preferential treatment of the blind is treatment which singles out the blind for special favors, advantages, or benefits. In short, it is any special treatment. Preferential treatment may be based on an irrational whim, prejudice, or taste--as when one prefers strawberries instead of blueberries, or when it is said "gentlemen prefer blondes."
Which accommodation preference should be given to the individual with a disability?
The accommodation preference of the individual with a disability should be given primary consideration. However, the agency may provide a different accommodation as long as it is effective.
What is preferential treatment?
If you get preferential treatment, you are treated better than other people and therefore have an advantage over them.
Are individuals with disabilities are entitled to a favored status?
The answer is no; there is no reverse discrimination under the ADA, meaning people without disabilities cannot claim discrimination under the ADA if an employer gives preference to a person with a disability.
What are four examples of reasonable accommodations that can be made for persons with disabilities?
What types of accommodations are generally considered reasonable?Change job tasks.Provide reserved parking.Improve accessibility in a work area.Change the presentation of tests and training materials.Provide or adjust a product, equipment, or software.Allow a flexible work schedule.More items...
What are the four accommodation categories?
Accommodations are typically grouped into four categories: presentation, response, setting, and timing and scheduling.
What is the ADA for employment?
11 Pursuant to the 1992 amendments to the Rehabilitation Act, the ADA's employment standards apply to all non-affirmative action employment discrimination claims of individuals with disabilities who are federal employees or applicants for federal employment. See 29 U.S.C. § 791 (g) (1994).
What are the goals of the Rehabilitation Act?
In enacting Section 501 of the Rehabilitation Act of 1973, Congress charged each federal agency to promote the hiring and retention of individuals with disabilities in two ways: first, to be a model employer of individuals with disabilities through use of meaningful affirmative hiring, placement, and advancement opportunities; and second, to ensure employment non-discrimination and reasonable accommodation. To assist agencies in focusing this effort on severe disabilities that have historically been used to exclude qualified individuals from employment, the federal government has identified certain "targeted disabilities" for special emphasis in affirmative action programs. The "targeted disabilities," which were last listed on the Office of Personnel Management (OPM) Standard Form (SF) 256 in 1987, 1 include: deafness; blindness; missing extremities; partial paralysis; complete paralysis; convulsive disorders; mental retardation; mental illness; and distortion of limb and/or spine. EEOC tracks statistics on the employment by federal agencies of people with these targeted disabilities because their unemployment and under-employment rates are so high. 2 Tracking employment statistics for this population allows federal agencies to better monitor their own efforts at becoming and remaining model employers.
What is Schedule A?
In addition to the provisions that enable agencies to hire individuals with disabilities, Schedule A also includes a special appointing authority for the hiring of readers, interpreters and other personal assistants who some individuals with severe disabilities may need as a reasonable accommodation.
When did the Americans with Disabilities Act of 2008 take effect?
This document was issued prior to enactment of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009. The ADAAA broadened the statutory definition of disability, as summarized in this list of specific changes.
What is first aid and safety personnel?
to first aid and safety personnel if an employee would need emergency treatment or require some other assistance in an emergency (such as help during an evacuation) because of a medical condition; to individuals investigating compliance with the Rehabilitation Act and with similar state and local laws; and.
What are accommodations necessary to provide effective communication?
NOTE: Accommodations necessary to provide effective communication may include: interpreters for different types of sign language, CART, captioning of videos and video-streamed presentations, use of video relay services and video remote interpreting services, or other accommodations.
Is a slightly increased, moderate, speculative, or remote risk of harm to the individual or others
A slightly increased, moderate , speculative, or remote risk of harm to the individual or others is not a direct threat. Thus, if an agency excludes an individual with a disability based on health or safety concerns, the risk posed by the individual must rise to the level of a direct threat.
How many countries have ratified the Convention on the Rights of Persons with Disabilities?
In the ten years since the United Nations adopted the Convention on the Rights of Persons with Disabilities, ratified by 168 countries, there has been both progress and stubborn obstacles. Case in point: When a new transit system in Guatemala City was built in 2010 with raised platforms accessible only by stairs, ...
Does Mexico allow disabled children to attend the same school?
Mexico has been strengthening its laws to ensure education for disabled children and is among the countries that allow disabled children to attend the same schools as other children, though not necessarily the same classrooms.
Does Peru have a disability quota?
Peru also has a quota system with employers asked to hire 5 percent of workers with disabilities in the public sector and 3 percent in the private sector, says Silvia But employers can stretch the definition of disability. "You can get deliberate resistance," says Yee. "Employers will count people [as disabled] who wear glasses, ...
What is the ADA?
Are there any laws that protect employees from disability discrimination? Title I and Title V of the Americans with Disabilities Act (ADA) of 1990. This Act was signed into law on July 26, 1990 by President George H. W. Bush, the ADA provides a wide range of civil rights protection for individuals with disabilities.
Which act prohibits discrimination based on race, color, religion, sex, and national origin?
I am aware that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), and national origin.
What happens if an employee is temporarily unable to perform her job due to pregnancy?
If an employee is temporarily unable to perform her job due to pregnancy, the agency must treat her the same way as any other temporarily disabled employee. For example, if an employee with a broken hand received modified tasks or alternative assignments, the same must be done for a pregnant employee.
Is pregnancy discrimination a civil rights issue?
Yes , the Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Under this Act, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex (pregnancy) discrimination. I am pregnant, and my doctor has placed me on restrictions.
Does the ADA require preferential treatment for individuals with disabilities?
The ADA does not require preferential treatment of individuals with disabilities, as employers are free to select the most qualified applicant for the position, but it does prohibit discrimination based solely on a candidate’s real or perceived disability.
I. Introduction
II. Background on Section 501
- A. "Model Employer" Mandate
The statutory language of Section 501 mandates that federal agencies submit to EEOC for approval an annually updated "affirmative action program plan for the hiring, placement, and advancement of individuals with disabilities." The Section 501 regulations require that the federa… - B. Non-discrimination, Accommodation, and Other Requirements
Section 501 is also a non-discriminationlaw that: 1. protects qualified individuals with disabilities from disparate treatment or harassment based on disability; 2. provides that, absent undue hardship, agencies must provide reasonable accommodation for the known physical or mental li…
III. Affirmative Recruitment, Hiring and Advancement
- 1. Must a federal agency have an affirmative action program for individuals with disabilities that establishes specific hiring and advancement plans? Yes. Section 501 of the Rehabilitation Act requires all agencies, regardless of their size, to have an affirmative action program plan for individuals with disabilities. Moreover, MD-715 requires those agencies with 1,000 or more empl…
IV. Reasonable Accommodation
- 10. What types of reasonable accommodations may individuals with disabilities need for the application process, to perform an essential function of a job, or to enjoy equal benefits and privileges of employment? Although not all individuals with disabilities need accommodation, some common types of accommodation include: 1. purchasing equipment or modifying existin…
v. Health and Safety Concerns
- 28. When may an agency exclude an individual with a disability from a position due to a health or safety risk? An agency may refuse to hire or retain an individual with a disability if he would pose a direct threat to health or safety (i.e., a significant risk of substantial harm to self or others that can not be eliminated or reduced by reasonable accommodation). A slightly increased, moderate, sp…
VI. Interaction of Rehabilitation Act with Other Agency Obligations
- 29. Will an agency meet its reasonable accommodation obligations to a worker with a disability by complying with the Family and Medical Leave Act, the agency's light and limited duty program, a workers' compensation program, or the terms of a collective bargaining agreement? Compliance with the FMLA or with the requirements of a workers' compensation program, limited or light dut…
VII. Conduct Rules and Job Performance
- 32. Does an agency have to lower performance or production standards, or waive uniformly-applied conduct rules, as an accommodation for an individual with a disability? No. Hiring individuals with disabilities, and following the non-discrimination and accommodation standards of Section 501, does not mean that an agency will have to compromise the efficiency or quality …
VIII. Joint Liability Issues
- 34. Does Section 501 also apply to applicants or workers provided through federal contractors? Yes, if the worker is considered an applicant for federal employment or qualifies as an employee of a federal agency at the time of the alleged discrimination. A worker may be an employee of an agency even if he is called a "contractor," and even if he has been provided by a private firm. Wh…
IX. Disability-Related Inquiries and Medical Examinations
- As noted above, the Rehabilitation Act's rules regarding disability-related inquiries and medical examinations apply to all applicants and employees, not just to individuals with disabilities. For detailed information about these rules, see Enforcement Guidance: Disability-Related Inquiries & Medical Examinations of Employees Under the ADA, http://www.eeoc.gov/policy/docs/guidance …
X. Confidentiality
- 39. What confidentiality requirements apply to medical information that a federal agency obtains about an applicant or employee? With limited exceptions, Section 501 requires that an agency keep confidential any medical information it learns about any applicant or employee -- whether or not he is an individual with a disability -- and it continues to apply even after an employee leaves …