The Americans with Disabilities Act was signed into law on July 26, 1990. This article reviews and summarizes the impact of the ADA on the public sector, and discusses two key concepts of the law, “reasonable accommodation” and “undue hardship.” These two concepts impact all management functions, including personnel management, and are the most troublesome of the Act to interpret and apply.
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References
1.
Americans with Disabilities Act, Public Law 101–336, 104 Stat. 327 (1990).
2.
Civil Rights Act of1991, Public Law 102–166, 105 Stat. 1071 (1991).
3.
Equal Employment Opportunity Commission, Americans with Disabilities Act Rules, 56.
4.
Fed. Reg., 8,577 et seq. and 35,725 et seq. (1991) (to be codified in 29 CFR 1630).
5.
Firefighters Local Union No. 1784 v. Carl W. Stotts, et. al., 467 U.S. 561 (1984).
6.
GreenlawP. (1991). Proving Title VII Discrimination. Labor Law Journal, 42(7), 407–17.
7.
Griggs v. Duke Power Co., 401 U.S. 424 (1971).
8.
Von BertalanffyL. (1960). Problems of Life.New York: Harper & Bros.
9.
Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989).
10.
Wygant v. Jackson Board of Education, 478 U.S. 1014 (1986).
