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Americans With Disabilities Act and Criminal Justice: An Overview

NCJ Number
142960
Author(s)
P N Rubin
Date Published
1993
Length
8 pages
Annotation
This report outlines the Americans With Disabilities Act of 1990 and suggests its implications for criminal justice agencies with respect to their services to the public as well as their hiring, promotion, and firing policies.
Abstract
The law is not an affirmative action program and does not require criminal justice agencies to hire persons with disabilities. It safeguards a person with a disability only if the person is otherwise qualified for the position. Therefore, criminal justice agencies must define initial job requirements and identify essential job functions. Employers may be obligated to provide a reasonable accommodation for a person with a disability. No reasonable accommodation is required if it would impose an undue hardship on the employer or would create a direct threat to the health and safety of the employee or others. The law affects almost every facet of the application, screening, and selection process for corrections and law enforcement personnel. The law also requires that an agency makes sure that its programs, services, and activities are accessible to persons with disabilities. Reference notes