ANCC NE-BC Ch 6 Legal & Regulatory
Issues; Human Capital; Healthcare
Policy & Politics; Ethics. Questions and
Answers.
Americans with Disabilities Act of 1990 (Amended 2008) -
\Was designed to ensure that otherwise qualified persons with disabilities enjoys the
same employment opportunities as those without. Under the ADA, the term disability
has three distinct definitions: a physical or mental impairment that substantially limits
one or more of the persons major life activities. A record of such impairment, or being
regarded as having such an impairment. A person must satisfy at least one of these
definitions to be considered a person with a disability for the purpose of this act.
Equal Employment Opportunity Commission (EEOC) -
\Published its final regulations, implementing the equal employment, provisions of the
ADA on July 26, 1991.
ADA Five Titles -
\Title I- Employment
Title II- Public Service (including transportation)
Title III- Public Accommodations
Title IV- Telecommunication
Title V- Miscellaneous Provisions
ADA Title I -Employment -
\Prohibits employers from discriminating on the basis of a persons disabilities, and
applies to all facets of employment, including application for employment, in terms of
employment.
ADA Title II - Public Services -
\Requires public entities employed in public transportation services to provide
accessible services to people with disabilities.
ADA Title III: Public Accommodations -
\Prohibits discrimination in places of public accommodations, provided by private
entities, such as lodging, restaurants, educational, facilities, and so forth.
ADA Title IV: Telecommunications Relay Services -
\Requires carriers of telephonic services to provide equal communication opportunities
to disabled persons
ADA title V Provisions -
, \Provides certain, miscellaneous provisions including state immunity, attorney fees, and
prohibition against employer retaliation.
Reasonable Accommodation -
\Addressed within Title I
EEOC defines the term to mean:
- modifications to the job application process that unable to qualified person with a
disability to be considered for the position
-Modifications to the work environment, or the manner or circumstances, under which
the position held or desired, is customarily performed that enables a qualified person
with a disability to perform the essential functions of the position
-Modifications that enable an employee with a disability to enjoy the same benefits and
privileges of employment as those without disabilities
ADA adopts the enforcement of Title VII of the Civil Rights Act of 1964 -
\Affirmative action differs from the EEOC in that it enhances employment opportunities
for protected groups of people. Affirmative action refers to equal opportunity
employment measures that federal contractors and subcontractors are legally required
to adopt. Affirmative action today continues to protect in and hands employment
opportunities for groups and considers the factors of race, color, religion, gender, or
national origin. Individual states have chosen to ban affirmative action to eliminate a
quota system.
Rehabilitation Act of 1973 -
\Extended protection to those with physical or mental handicaps. An employer may not
insisted an employee with a disability perform all aspects or functions of a job, but only
those that are essential.
ADA Ammendments Act of 2008 -
\Three key strategies to successfully navigate the ADA:
1. Delineate mandatory functions of the job.
2. Make the work environment handicapped accessible, remove barriers.
3. Prepare job descriptions before advertising or interviewing applicants for the job.
Age Discrimination and Employment Act (ADEA) of 1967 (amended 1978) -
\The purpose was to promote employment of older persons, based on their ability rather
than age; to prevent arbitrary age discrimination in employment; to help employers, and
workers find ways of meeting problems arising from the impact of age unemployment.
The older persons who are protected by the act are at least 40 years old but younger
than 65. In early 1978, the ADEA was amended to increase the protected upper age to
70. it serves two primary functions: it prohibits arbitrary age discrimination in
employment, and it promotes employment based on ability.
Family and Medical Leave Act of 1993 (Amended 2008) -
\Entitles employees to take a reasonable leave for medical reasons; for the birth or
adoption of a child; for the care of a child, spouse, or parent who has a serious health
Issues; Human Capital; Healthcare
Policy & Politics; Ethics. Questions and
Answers.
Americans with Disabilities Act of 1990 (Amended 2008) -
\Was designed to ensure that otherwise qualified persons with disabilities enjoys the
same employment opportunities as those without. Under the ADA, the term disability
has three distinct definitions: a physical or mental impairment that substantially limits
one or more of the persons major life activities. A record of such impairment, or being
regarded as having such an impairment. A person must satisfy at least one of these
definitions to be considered a person with a disability for the purpose of this act.
Equal Employment Opportunity Commission (EEOC) -
\Published its final regulations, implementing the equal employment, provisions of the
ADA on July 26, 1991.
ADA Five Titles -
\Title I- Employment
Title II- Public Service (including transportation)
Title III- Public Accommodations
Title IV- Telecommunication
Title V- Miscellaneous Provisions
ADA Title I -Employment -
\Prohibits employers from discriminating on the basis of a persons disabilities, and
applies to all facets of employment, including application for employment, in terms of
employment.
ADA Title II - Public Services -
\Requires public entities employed in public transportation services to provide
accessible services to people with disabilities.
ADA Title III: Public Accommodations -
\Prohibits discrimination in places of public accommodations, provided by private
entities, such as lodging, restaurants, educational, facilities, and so forth.
ADA Title IV: Telecommunications Relay Services -
\Requires carriers of telephonic services to provide equal communication opportunities
to disabled persons
ADA title V Provisions -
, \Provides certain, miscellaneous provisions including state immunity, attorney fees, and
prohibition against employer retaliation.
Reasonable Accommodation -
\Addressed within Title I
EEOC defines the term to mean:
- modifications to the job application process that unable to qualified person with a
disability to be considered for the position
-Modifications to the work environment, or the manner or circumstances, under which
the position held or desired, is customarily performed that enables a qualified person
with a disability to perform the essential functions of the position
-Modifications that enable an employee with a disability to enjoy the same benefits and
privileges of employment as those without disabilities
ADA adopts the enforcement of Title VII of the Civil Rights Act of 1964 -
\Affirmative action differs from the EEOC in that it enhances employment opportunities
for protected groups of people. Affirmative action refers to equal opportunity
employment measures that federal contractors and subcontractors are legally required
to adopt. Affirmative action today continues to protect in and hands employment
opportunities for groups and considers the factors of race, color, religion, gender, or
national origin. Individual states have chosen to ban affirmative action to eliminate a
quota system.
Rehabilitation Act of 1973 -
\Extended protection to those with physical or mental handicaps. An employer may not
insisted an employee with a disability perform all aspects or functions of a job, but only
those that are essential.
ADA Ammendments Act of 2008 -
\Three key strategies to successfully navigate the ADA:
1. Delineate mandatory functions of the job.
2. Make the work environment handicapped accessible, remove barriers.
3. Prepare job descriptions before advertising or interviewing applicants for the job.
Age Discrimination and Employment Act (ADEA) of 1967 (amended 1978) -
\The purpose was to promote employment of older persons, based on their ability rather
than age; to prevent arbitrary age discrimination in employment; to help employers, and
workers find ways of meeting problems arising from the impact of age unemployment.
The older persons who are protected by the act are at least 40 years old but younger
than 65. In early 1978, the ADEA was amended to increase the protected upper age to
70. it serves two primary functions: it prohibits arbitrary age discrimination in
employment, and it promotes employment based on ability.
Family and Medical Leave Act of 1993 (Amended 2008) -
\Entitles employees to take a reasonable leave for medical reasons; for the birth or
adoption of a child; for the care of a child, spouse, or parent who has a serious health
