New Developments in Disability Employment Discrimination

The role that the disabled have been confined to play in our work force changed drastically with the enactment of the Americans with Disabilities Act on July 26,1992 for employers with twenty‐five or more employees. Indeed, as of July 26,1994 the law will also apply to employers with 15–24 employees. The focus of ADA is to enable individuals with physical or mental disabilities to enjoy equal employment opportunities by removing obstacles such as job requirements that are not in alignment with the essential duties of the position. The law also requires employers to make reasonable accommodations that do not impose an undue hardship on the organisation but are considered key in assisting a disabled applicant or employee in performing the essential duties of the job. Originally drafted by Robert Bergdorf, associate professor of law at the District of Columbia School of Law, the ADA became the seventh major component of the federal equal employment opportunity law that prohibits employment discrimination. The Equal Employment Opportunities Commission (EEOC) has responsibility for the enforcement of the employment component of the ADA, also known as Title I.