Policies Challenging The Disability Related Discrimination

In the United States, laws that introduce safety netsIn particular, in the state of California, the Fair
against discrimination of persons, particularly workers,Employment and Housing Act (FEHA) are protecting
with disability are imposed.workers with disabilities. While the FEHA's provisions
- US Rehabilitation Act of 1973 - this law requires allare mainly similar with that of the ADA, the FEHA
of the organizations receiving government funding tohas stipulations that are more protective on a
promote programs and services geared towardsnumber of significant points that benefit employees.
accessibility for disabled citizens.- FEHA - while the ADA defines an individual with
- US Social Security Administration - provides thedisability if he or she is considerably limited in a certain
definition of disability in terms of an individual'smain life activity, the FEHA considers a worker
incapacity to work or carry out "substantial gainfuldisabled if he or she is limited in performing a very
activity" or SGA. SGA means that the person who isimportant life activity. FEHA's measure of limitation is
earning at least a minimum wage or even better.decidedly lower to render more protection from
The SSA also takes charge of pairing off the SGAdiscriminating policies.
with medical conditions that may qualify individuals for- ADA does not necessarily define "work" or "job" as
disability benefits under its program.an important life activity but FEHA classifies work as
- An individual with Disabilities Education Group - thisa very important life activity, even if a person's
program is intended to provide special educationaldisability only limits his or her ability to perform a
support to empower disabled children and youth.particular job. In FEHA's conditions, it is already
- In 1992, the Americans with Disabilities Act orsufficient proof of limitation in an important life
(ADA) took effect and its main principle is to prohibitactivity when a person proves unable to perform a
employers to discriminate a disabled individual becausecertain job because of his/her disability.
of his / her disability.- ADA's the specification in evaluating a disability is
This federal law covers all state and local governmentaccording to a mitigated condition. Thus, when a
offices, private employers, employment agencies, andperson with a vision problem is evaluated, he or she
even employee organizations and labor unions. Ifwill assessed on a mitigated status, like wearing
found that an applicant, trainee or employee withcontacts or glasses, thereby lessening his or her
disability had been qualified enough to be hired,chances of being considered disabled. On the other
promoted, compensated and/or given privileges or behand, FEHA evaluates disability in an unmitigated
accommodated in some terms and conditions ofstate, which effectively makes it easier for a person
employment in the company but was denied of thisto be declared disabled.
right, this act is considered illegal.The federal and state governments continue to
Furthermore, establishments like department stores,implement new laws and statutes to ensure that the
malls, restaurants or fast food stalls and movierights of workers with disability are not trampled
theaters are required to provide, what is consideredupon just because of their limitations. Recognition of
as "reasonable accommodation" for patrons andthe potential value of disabled workers to the
customers according to their special and differingAmerican workforce is continuously being promoted,
needs.too.