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HOW THE AMERICANS WITH DISABILITIES ACT AFFECTS LAW ENFORCEMENT

NCJ Number
142306
Journal
Law Enforcement Quarterly Dated: (May-July 1993) Pages: 23-25,30
Author(s)
L Buchy
Date Published
1993
Length
4 pages
Annotation
Title II of the Americans with Disabilities Act (ADA) prohibits public entities, including police departments, from discriminating against persons with disabilities. Public entities must avoid discrimination against qualified individuals in all aspects of employment including recruitment, hiring, promotion and demotion, discharge, layoff, compensation, job assignments, leave and benefits, and employer sponsored activities.
Abstract
Persons defined as being qualified individuals with a disability include those with a physical or mental impairment, those with a history of such impairment, and those perceived as having such an impairment. For purposes of employment, the disabled person must also have the skills, experience, and education for the job and must be able to perform the essential functions of the job, with or without reasonable accommodation. Reasonable accommodation might include making existing facilities accessible to employees with disabilities, job restructuring, modifying work schedules, modifying equipment or training materials, and providing interpreters and readers. To challenge perceived employment discrimination prohibited by the law, employees must file a complaint with the Equal Employment Opportunity Commission before proceeding to court. The California-based Commission on Peace Officer Standards and Training (POST) concluded that the ADA will affect the peace officer selection process, particularly the required medical and psychological testing, background investigations, and law enforcement agency public service obligations.