In 1990 when the Americans with Disabilities Act passed, it was looked at as a great tool to support many things such as employment, accommodations and so forth. It is a law that was established to prohibit discrimination. The question still lies today, how do you prove discrimination without knowing who got hired over the candidate that had a disability? It not only is nearly impossible to prove, it is something that is not feasible as a law. There are several different parts of the ADA law and the part focused in this article is title 1.
The Title 1 of the ADA Law is Employment. While each title is separated by many different aspects, this is the most important:
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. (General Definition)
While discrimination shouldn’t happen in the first place, the first thing that comes to mind to employers when being approached by somebody that has a disability is not, “Is this person the best fit for the job” but rather, “what kind of accommodations is this person going to demand of me and what kind of legal trouble will they give us if we do not give in to their every whim.” Is the ADA really doing what it was intended to do or has it become a law that people dangle in front of employers and other parties to demand money and things for not making life a cakewalk?
In some cases, accommodations are necessary to complete the job. In other cases, the employee needs to work with their employer and try to make the situation the best possible. It has become no longer about making employment possible but “getting back at people” for the unfairness of life, or has it? There are so many people qualified for jobs they are not getting because people that are getting these jobs are making employers lives a living hell. Where does need for accommodations end and selfishness begin?
Many employees don’t realize that while they may be getting things their way and getting support for what they need in the workplace, they are creating workplace enemies. This is not the recipe for healthy dynamics in the workplace, it is only going to lead to depression and anger eventually. It’s a ugly feeling and anybody that has gone through the cycle of rejection in the workplace, they understand what is being said and know that it’s not something anybody wants to be put through. Focus on what makes the job possible.