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 all ofare mainly similar with that of the ADA, the FEHA has
the organizations receiving government funding tostipulations that are more protective on a number of
promote programs and services geared towardssignificant 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 a
- An individual with Disabilities Education Group - thisvery important life activity, even if a person's disability
program is intended to provide special educationalonly limits his or her ability to perform a particular job. In
support to empower disabled children and youth.FEHA's conditions, it is already sufficient proof of
- In 1992, the Americans with Disabilities Act or (ADA)limitation in an important life activity when a person
took effect and its main principle is to prohibitproves unable to perform a certain job because of his
employers to discriminate a disabled individual becauseher 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 will
even employee organizations and labor unions. If foundassessed on a mitigated status, like wearing contacts
that an applicant, trainee or employee with disability hador glasses, thereby lessening his or her chances of
been qualified enough to be hired, promoted,being considered disabled. On the other hand, FEHA
compensated and/or given privileges or beevaluates disability in an unmitigated state, which
accommodated in some terms and conditions ofeffectively makes it easier for a person to be
employment in the company but was denied of thisdeclared 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 upon
theaters are required to provide, what is considered asjust because of their limitations. Recognition of the
"reasonable accommodation" for patrons andpotential value of disabled workers to the American
customers according to their special and differingworkforce is continuously being promoted, too.
needs.