NCJ Number
133791
Journal
Prosecutor Volume: 25 Issue: 2 Dated: (Fall 1991) Pages: 6,8-12
Date Published
1991
Length
6 pages
Annotation
The Americans With Disabilities Act of 1990 applies to local and State law enforcement agencies and will have a major impact upon law enforcement operations, beginning with the job description and application process.
Abstract
A disability, according to the Act, is a physical or mental impairment that substantially limits one or more major life activity such as walking, hearing, seeing, speaking, and working. In addition to prohibiting handicap discrimination in employment, the Act also prohibits discrimination against or excluding qualified handicapped individuals from participation in public service including transportation; requires handicap access to public accommodation; and mandates the supplying of telecommunication devices for hearing and speech impaired individuals. The Act limits physical examinations of job applicants to criteria which are "job-related" and consistent with business necessity. Drug testing is not considered a "medical examination" for purposes of the Act. Finally, employees who report violations of the Act, or otherwise divulge information about employer violations of the Act, cannot be subjected to discriminatory retaliation.