The American with Disabilities Act (ADA) was created in 1990 ensuring people with disabilities be guaranteed the same rights as their counterparts in the workforce. Due to the many definitions, and constant additions, of disabilities under the act it would be wise of the Human Resources (HR) department to stay abreast of the ever changing stipulations of the law in order to stay competitive and avoid lawsuits.
The ADA defines a disability as a physical or mental damage that would prohibit the person from performing major life activities such as caring for themselves to performing physical tasks such as walking, standing, bending, learning, concentrating, communicating and working to name a few or a major bodily function which would include the operation of a “major bodily function, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproduction. “ The ADA act also defines a disability as there being a recording or observation of any such impairments spoke of already. (htt1) In the years following the enactment of the ADA, several amendments have been added such as disabilities due to obesity which during a historical court case was found that obesity was not caused due to a lack of character or willpower. Other broader definitions added to the ADA were psychological/mental impairments, including depression/bipolar disorders, developmental disorders such as Autism, post-traumatic stress syndrome or back pain/musculoskeletal disorders which are all on the rise according to the Center of Disease Control and other publications. (Center for Disease Control).
Accommodations must also be made according to the disabilities. Wheelchair ramps, rails and “acquisition or modifications of equipment or devices” must also be put into place in order to comply with some of the physical disabilities defined under the ADA law. However, for major bodily functions defined under the...