Policies Challenging the Disability Related Discrimination

In the United States, laws that introduce safety nets against discrimination of persons, particularly workers, with disability are imposed.

• US Rehabilitation Act of 1973 – this law requires all of the organizations receiving government funding to promote programs and services geared towards accessibility for disabled citizens.

• US Social Security Administration – provides the definition of disability in terms of an individual's incapacity to work or carry out "substantial gainful activity" or SGA.  SGA means that the person who is earning at least a minimum wage or even better.

The SSA also takes charge of pairing off the SGA with medical conditions that may qualify individuals for disability benefits under its program.

• An individual with Disabilities Education Group – this program is intended to provide special educational support to empower disabled children and youth.

• In 1992, the Americans with Disabilities Act or (ADA) took effect and its main principle is to prohibit employers to discriminate a disabled individual because of his / her disability.

This federal law covers all state and local government offices, private employers, employment agencies, and even employee organizations and labor unions. If found that an applicant, trainee or employee with disability had been qualified enough to be hired, promoted, compensated and/or given privileges or be accommodated in some terms and conditions of employment in the company but was denied of this right, this act is considered illegal.

Furthermore, establishments like department stores, malls, restaurants or fast food stalls and movie theaters are required to provide, what is considered as "reasonable accommodation" for patrons and customers according to their special and differing needs.

In particular, in the state of California, the Fair Employment and Housing Act (FEHA) are protecting workers with disabilities. While the FEHA's provisions are mainly similar with that of the ADA, the FEHA has stipulations that are more protective on a number of significant points that benefit employees.

• FEHA – while the ADA defines an individual with disability if he or she is considerably limited in a certain main life activity, the FEHA considers a worker disabled if he or she is limited in performing a very important life activity. FEHA's measure of limitation is decidedly lower to render more protection from discriminating policies.

-         ADA does not necessarily define "work" or "job" as an important life activity but FEHA classifies work as a very important life activity, even if a person's disability only limits his or her ability to perform a particular job. In FEHA's conditions, it is already sufficient proof of limitation in an important life activity when a person proves unable to perform a certain job because of his/her disability.

-         ADA's the specification in evaluating a disability is according to a mitigated condition. Thus, when a person with a vision problem is evaluated, he or she will assessed on a mitigated status, like wearing contacts or glasses, thereby lessening his or her chances of being considered disabled. On the other hand, FEHA evaluates disability in an unmitigated state, which effectively makes it easier for a person to be declared disabled.

The federal and state governments continue to implement new laws and statutes to ensure that the rights of workers with disability are not trampled upon just because of their limitations. Recognition of the potential value of disabled workers to the American workforce is continuously being promoted, too.

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