Disability

Disability

"The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, State and Local government, public accommodations, commercial facilities, transportation, and telecommunications."(ADA) Title I of the ADA of 1990 requires employers with 15 or more employees to provide individuals with disabilities an equal opportunity to benefit from the full range of employment related opportunities. In 1992, a fire fighter named Dennis Henderson applied for a job position with the City of Pontiac, Michigan. Henderson was denied employment on the basis that he had a physical condition that was disqualifying under the National Fire Protection Association (NFPA) guidelines. The City of Pontiac ignored Henderson's 14 years of prior fire fighting experience; his outstanding scores on Pontiac pre-employment examinations; his state certifications as an Emergency Medical Technician, Fire Fighter and Fire Officer, his promotions, accommodations, and specialized fire fighting training he had received. Dennis Henderson was backed by the U.S. and a host of attorney's who filed a discrimination case considering the City of Pontiac did not even conduct an individualized assessment of the plaintiff's abilities. Therefore, the Title I of the ADA will protect Dennis Henderson because the City of Pontiac has regarded him as being disabled. Henderson must demonstrate that he is qualified to perform the essential functions that he meets the necessary prerequisites for the job, such as education, experience, and training. Henderson was denied employment August 3, 1992; he filed an EEOC on December 16, 1992 and the ending result was in his favor. Dennis Henderson was the victim of discrimination and given the wealth of the case law the U.S. enforced the civil rights statutes and to seek equitable and monetary damages.

Reference

www.ada.gov/briefs/pontia1br