Rational consideration The American Disability Act (ADA) came into effect in 1990 to protect employees from discrimination against disabled persons in employment. According to ADA, a person with disabilities can be defined as a physically or mentally disabled person who severely limits one or more major life activities. "It is estimated that one in five Americans has more than one physical or mental disorder" (Legal Book, p. 115). ADA Federal law requires employers with more than 15 employees to discriminate between applicants and existing disabled employees and to provide reasonable accommodation to these individuals as necessary .
However, ADA and LAD have some limitations. Regardless of the accommodation provided, employees who need accommodation must be able to perform basic duties. In addition, the adjustment only needs to be reasonable. Thus, employers can choose from a variety of accommodation options available, taking into account the cost, without having to provide the exact content required by the employees.
Rights under ADA. According to ADA, applicants and mentally disabled employees have two major rights. First of all, they have the right to protect privacy. In addition to seeking accommodation, they can choose whether to tell their obstacles to employers. Secondly, unless they give unnecessary difficulties to employers, they have the right to work. Disclosure is optional. According to ADA, the employer can not ask applicants or employees for disability disclosure (except for the following). Therefore, in most cases, disclosure of mental disorders is an option, not a requirement. Individuals who choose not to convey mental health status are not 'lies' or 'hidden'. They are using legally protected alternatives
According to the Employment Opportunity Equivalent Committee, "As long as employers do not cause unnecessary difficulties, you are responsible for providing reasonable accommodation to qualified applicants and disabled employees according to ADA's Part ADA Applicants participate in the application process so that qualified personnel perform basic duties and disabled employees can enjoy the benefits and privileges that other employees can enjoy (ADA's 3) In Chapter 3, it is mandatory to provide barrier-free access to new buildings and existing buildings in public facilities and commercial facilities (such as office buildings, factories, warehouses, etc.).