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Americans with Disabilities Act

NCJ Number
131510
Journal
FBI Law Enforcement Bulletin Volume: 60 Issue: 8 Dated: (August 1991) Pages: 25-32
Author(s)
J Higginbotham
Date Published
1991
Length
8 pages
Annotation
This discussion outlines the requirements of the Americans With Disabilities Act (ADA) and identifies for law enforcement administrators the problem areas involving important policy decisions that should be considered before the ADA becomes effective on July 26, 1992.
Abstract
The provisions reviewed cover the prohibition of discrimination, definitions of what constitutes a disability and what constitutes a "qualified" individual under the ADA, prohibitions and requirements concerning medical examinations and inquiries about disabilities, effects on hiring practices, permitted examinations and inquiries, and defenses to charges of unlawful discrimination. The ADA's general prohibitions of discrimination against the disabled require two important thresholds to be met before a particular individual is protected: an applicant or employee must be disabled under the terms of the ADA; and, in addition to that disability, the individual must be qualified to perform the job with or without reasonable accommodation by the employer. The ADA makes it necessary for law enforcement administrators to analyze their personnel and hiring practices and to identify the essential functions of each position in the department. 51 footnotes