Employment

The Americans with Disabilities Restoration Act

Are you a working adult who has ADHD? Are you a student concerned about receiving appropriate accommodations at your college or university? Does your child attend a private school that does not receive federal financial assistance? If the answer is yes, then the Americans with Disabilities Restoration Act is crucial legislation for you to know about. The original Americans with Disabilities Act became law in 1990 and is the major civil rights law for people with disabilities. Since then the courts have significantly narrowed the reach of the law and made it very difficult for a person with any cognitive or mental disability to be protected. The ADA Restoration Act, now before Congress, will restore the original intent of the law and protect all people with disabilities. This is particularly important in protecting the rights of persons with disabilities in employment and students in private schools, colleges and universities. Learn more and find out how you can make a difference.
Posted February 5, 2008

The Americans with Disabilities Act of 1990
and the Rehabilitation Act of 1973

Adults with ADHD that inhibits their normal daily activities, such as working, may be considered individuals with disabilities (for purposes of legal protection) and may have the right to accommodations in order to be free from discrimination in the workplace. Rights are protected under two important federal laws: the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. However, the extent that a disability is protected has been limited by recent court cases. Under the ADA, the person needs to prove that his or her disability impairs his or her ability to perform major life activity, such as working and providing necessities such as food and housing for himself or herself. In addition to the support given by these two laws, the Equal Employment Opportunity Commission (EEOC) has recognized concentrating, thinking, and interacting with others as major life activities that when impaired, may serve as the basis for a protected disability, and therefore, if uncorrected and does not limit the employer's business objective, may be considered for specific accommodations in the workplace. Posted January 20, 2008

 

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