by Diane Stacey

Created on: August 15, 2007

In this modern era, physical disabilities can no longer prevent an applicant from following their dreams when it comes to choosing a career. In 1990, the United States government passed federal legislation to prohibit discriminatory practices, including those regarding employment. It created a set of rules, which private employers, employment agencies, labor unions and government, at the state and local level, are required to follow. It also defined a procedure to be used for reporting an employer.

The American with Disabilities Act (ADA) of 1990 is an addendum to the Civil Rights Act. It is intended to provide equal rights to those with a disability. Companies with 15 or more employees are accountable to an organization known as the Equal Employment Opportunity Commission (EEOC). Employers may be asked to consider making reasonable accommodations to place a handicapped person in an open position. When it comes to hearing impaired candidates, employers are not obligated to provide hearing aids or items for personal use but they can be asked to provide reasonable requests. Accommodations which would have a negative business impact on total quality or production are not required, but there are many things an employer can do to make the situation work.

When a qualified disabled applicant applies for a job, they must be given the same consideration as their non-disabled peers. Under the ADA, the processes for job applications, employee management, compensation, training and development are consistent for all qualified individuals, regardless of their physical abilities.

The exceptions to this Act can only be found in jobs where a bona fide qualification is required to fulfill the duties of the position. An example might be a fireman, who is expected to be able to carry a certain amount of weight, make visional contact to evaluate the scene of a fire and listen for instructions or to locate victims. As long as the disability poses no hardship on the business operation, it is expected that inexpensive accommodations be made to allow the individual to be successful in the job.

Employers may ask about the ability to perform specific tasks, but are not permitted to make inquiries about possible disabilities. Even if they can visually see a handicap in a candidate, they are not permitted to ask questions about the situation.

Pre-employment medical exams are not permitted for disabled Americans, unless they are a requirement in the hiring process for all candidates applying

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