Several federal laws have been enacted to advance the employment of individuals with disabilities and to reduce discrimination based on disability. These laws and regulations affect employment matters as well as public accessibility for individuals with disabilities. Disability discrimination is when a person with a disability is treated less favorably than a person without the disability in the same or similar circumstances.
Two decades after passage of the first law prohibiting discrimination against individuals with disabilities, the Americans with Disabilities Act was enacted in 1990. This act applies to private employers, employment agencies, and labor unions with 15 or more employees; it is enforced by the EEOC.
In 2009, Congress passed amendments to the ADA, overruling several key cases and regulations and reflecting the original intent of the ADA. The effect was to significantly broaden the definition of individuals with disabilities to include anyone with a physical or mental impairment that substantially limits major life functions without regard for the helpful effects of medication, prosthetics, hearing aids, and so on.
Prior to the ADAA, employers won 90% of challenges regarding whether an individual actually had a disability. Now that argument is essentially moot. Companies no longer aggressively work to disqualify individuals from that status.
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