This report reflects the commitment of the U.S. Commission on Civil Rights to ensure that Americans with disabilities are afforded equal opportunity. This report focuses specifically on the efforts of the EEOC to enforce title I of the ADA, which prohibits discrimination based on disability in employment. It evaluates & analyzes EEOC's regulations & policies clarifying the language of the statute, processing of charges of discrimination based on disability; litigation activities under title I of the ADA; & outreach, education, & technical assistance efforts relating to the act. Offers findings & recommendations.
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
An expert in the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA), Rachel Shaw is the foremost executive-level human resources compliance trainer in the country. As principal of Shaw HR Consulting for more than 15 years, she has helped thousands of public and private sector employers to manage their most challenging personnel issues related to disability compliance, leave management, and workers' compensation. Now, with "The Disabled Workforce," Rachel has written the book on ADA compliance, using straight talk to clarify confusing and complicated disability discrimination laws, while revealing her signature methods for managing the disability interactive process and its many challenges, including leave management, discipline issues, mental disabilities, fraudulent claims, and more. Inside are practical tools and easy-to-follow strategies for employers who navigate the interconnected roles of human resources, workers' compensation, and disability compliance. By applying Rachel's revolutionary Disability Interactive Process Hallway(TM), your organization will pinpoint legitimate accommodation requests and develop creative solutions while weeding out inappropriate claims. This proven approach saves organizations considerable time and money, reduces litigation, and improves employee-employer relations. "The Disabled Workforce" is an indispensable tool for human resources and risk management professionals to master ADA compliance while nurturing their diverse and dynamic workforces.
In nonlegal language, explains to managers how the July 1992 Americans with Disabilities Act affects a company's approach to job application, hiring and discharging, advancement, compensation, the physical landscape of the workplace, and other aspects of personnel activity. Covers each of the five titles of the Act, and includes the complete text. Annotation copyright by Book News, Inc., Portland, OR
