Employment Law the Americans With Disabilities Act Term Paper

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Americans with Disabilities Act (ADA) was signed into law last July 26, 1990. As a bill, the ADA enjoyed strong support from then President George Bushy. It was overwhelmingly approved by both houses of Congress, garnering only six nay votes in the Senate and only 28 in the House of Representatives (Hudgins 1997).

Part of the reason why the ADA enjoyed strong bipartisan support was its focus on individual civil rights. While previous laws have made it unlawful to discriminate against individuals on the basis of race, gender or religion, the ADA has made it illegal to discriminate against people based on their disability. Under the new law, a person's disability -- whether physical or mental -- should not be a basis for decisions regarding employment. Furthermore, people who have disabilities should also e allowed access to public places, like schools, theaters and shopping malls ("Disability and the Americans with Disabilities Act" 2000).

The goal of this law is to ensure that people with disabilities should still have access to equal rights and opportunities. Thus, a disability including blindness, deafness, deformity, paralysis, the loss of limbs and muscular disorders should not be barred from pursuing a fulfilling and happy life ("Disability and the Americans with Disabilities Act" 2000).

Towards this, the first freedom safeguarded by the ADA is to protect the right of all individuals -- including the handicapped and disabled -- to seek employment opportunities. Prospective employers are thus banned from considering a person's disability as a consideration in hiring, promotion and compensation. Furthermore, employers are also required to make reasonable accommodations for the needs of disabled employees in planning their workspace (Hudgins 1997). This includes changes such as widening aisles and building ramps for wheelchair-bound employees.

Critics have charged that the vagueness of the ADA provisions regarding disability and "reasonable accommodations" have given rise to frivolous lawsuits.

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They argue that such lawsuits will add to the costs of insurance, creating hardships for many small businesses. Furthermore, many worry that the ADA would cause employer hostility, making it more difficult for disabled people to find employment. After all, critics of the law point out that many big employers like McDonalds already go out of their way to employ physically- and mentally-disabled employees. For many employers, the trick lies in finding a balance between "reasonable accommodations" and sound business practices ("High Court's ADA Ruling Leaves Some Accommodations Questions Unanswered" 2004).

However, many lawsuits filed because of ADA violations are decidedly not frivolous. Victims of employer discrimination can file complaints with the Equal Employment Opportunity Commission (EEOC). The EEOC will then take ADA cases to court on the plaintiff's behalf. Since the ADA had taken effect, the EEOC has filed numerous lawsuits on behalf of employees who have been treated unfairly because of their disability.

In 1994, for example, Eric Baker of West Columbia, South Carolina filed suit after his employer, the Waffle House, fired him from his position as a grill operator after suffering from a seizure. According to representatives of the Waffle House, Baker was fired because of his epilepsy. The Waffle House decided that "for Baker's safety and the Waffle House it would be best he not work anymore" (Wade 2002).

Baker's suit charged that the grill operator's termination was in violation of the ADA. The lawsuit took eight years and eventually reached the Supreme Court. Finally, the Supreme Court ruled in favor of Baker and the EEOC. Baker was awarded compensation, back pay and compensatory damages. In addition, the Waffle House was also ordered to pay punitive damages, because of….....

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