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Historical Background
The Americans with Disabilities Act (ADA) was signed by President George Bush in 1990 and went into effect in 1992. It is regarded by many as the most sweeping civil rights legislation since the Civil Rights Act of 1964, with its intent to assist people with disabilities to obtain jobs and achieve the goal of full functioning in the workplace. The ADA contains provisions that outlaw discrimination against people with disabilities (including those with learning disabilities and mental disorders) in hiring, training, compensation, and benefits (Bell 1997) and mandates that employers provide “reasonable accommodations” for disabled workers who could qualify for jobs if such assistance is provided. It also protects individuals against retaliation for filing charges or otherwise being involved in an Equal Employment Opportunity Commission (EEOC)-related action. The act requires that people with disabilities be treated like nondisabled persons, unless it is determined that a certain individual’s disability produces significant hindrances to one’s involvement in a particular endeavor. It was established due to Congress’s recognition of a large number of Americans with one or more disabilities and the discrimination experienced by such individuals with respect to employment and access to services.
Current Knowledge
The ADA includes several sections that cover different types of activities, most notably, employment (Title I), public services (Title II), public accommodations and services operated by private entities (Title III), access to telecommunications (Title IV), and miscellaneous provisions (Title V). Psychologists often conduct evaluations of disabled individuals to determine “reasonable accommodations” in accordance with the ADA. The most common referral involves Title 1, employment issues. The ADA requires that an evaluator assesses four distinct areas: (a) disability, (b) qualifications to perform an essential function of the job, (c) reasonable accommodations, and (d) threats to others. The “reasonable accommodations” are typically broken down by short-term accommodations as well as long-term accommodations.
References and Readings
Americans with Disabilities Act of 1990, 42 U.S.C. 12101–12213 et seq.
Bell, C. (1997). The Americans with Disabilities Act, mental disability and work. In R. Bonnie & J. Monahan (Eds.), Mental disorder, mental disability and the law. Chicago: University of Chicago Press.
Foote, W. M. (2003). Forensic evaluation in Americans with disabilities act cases. In A. Goldstein (Ed.), Handbook of psychology (Vol. 11). Forensic psychology. Hoboken: Wiley.
Melton, G. B., Petrila, J., Poythress, N. G., & Slobogin, C. (1997). Psychological evaluations for the courts: A handbook for mental health professionals and lawyers. New York: Guilford.
More detailed information regarding the Americans with Disabilities Act of 1990 can be found at www.ada.gov
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Heilbronner, R.L. (2018). Americans with Disabilities Act of 1990. In: Kreutzer, J.S., DeLuca, J., Caplan, B. (eds) Encyclopedia of Clinical Neuropsychology. Springer, Cham. https://doi.org/10.1007/978-3-319-57111-9_943
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DOI: https://doi.org/10.1007/978-3-319-57111-9_943
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