Law Enactment of Americans with Disabilities Act

The ADA is a landmark legislation that prohibits discrimination of any kind against people with disabilities. It is still evolving, with several amendments having been carried out till date.

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One of the defining legislations in American history; the Americans with Disabilities Act (ADA) is considered a jewel in the crown of the American spirit of non-discrimination. In essence, the ADA, passed in 1990, prohibits discrimination against people with disabilities. A disability too, finds clear mention in the Act. It is defined as a physical or mental handicap that hampers the execution of any life activity.

Highlights of the ADA

ADA

Amendments to the ADA

The most profound amendment to the ADA was carried out in 2008. Having put the Act into practice for nearly two decades, it was felt necessary to expand the scope of the original Act. The ADA Amendments Act of 2008 (ADAA) changed the very nature of interpretation of the term, “disability”, as well as some portions of Title I of the original Act

American Supreme Court cases dealing with ADA

  • Bragdon v. Abbott –relating to reproductive ability in an HIV-positive person;
  • Olmstead v. L.C. –about discrimination against a person with mental disability;
  • Toyota Motor Manufacturing, Kentucky, Inc. v. Williams –about carrying out manual job.

More knowledge about this Act, its amendments and application can be had (www.trainhr.com).

How to classify exempt and non-exempt employees

This is one area that payroll professionals dread: classifying employees as exempt and nonexempt. On the surface, it looks fairly simple, but dig a little, and even experienced professionals get the jitters.

This is primarily because classifying employee into exempt and nonexempt categories wrongly and its concomitant compliance infringement lead to the following situations:

  • In the case of exempt employees, penalties for errors apply to both the classification of the worker and the actual payment of salaries;
  • In a worst case of punishment, it is not just making one wrong classification that is considered a mistake; all workers in the same job classification under the same manager are penalized!

The way ahead is to understand the following:

hr training

hr training

To get a complete understanding of these confusions regarding payment of exempt employees, an interactive session (link) would be highly useful.

www.trainhr.com