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THE CURRENT ADA REGULATIONS

Employment (Title I)

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, State and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including State and local governments. It also applies to employment agencies and to labor organizations.

ENFORCEMENT

U.S. Equal Employment Opportunity Commission — Disability Discrimination

How to File a Charge of Discrimination
If you think you have been discriminated against in employment on the basis of disability, you should contact the U.S. Equal Employment Opportunity Commission.  A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected. 

TECHNICAL ASSISTANCE MATERIALS

A Guide for People with Disabilities Seeking Employment PDF  
A 2-page pamphlet for people with disabilities providing a general explanation of the employment provisions of the ADA and how to file a complaint with the Equal Employment Opportunity Commission. (Spanish edition available from the ADA Information Line.)

ADA: Know Your Rights — Returning Service Members with Disabilities PDF 
This 28-page booklet is designed to provide military service members who have been seriously wounded in Operation Iraqi Freedom or Operation Enduring Freedom a basic understanding of their rights under the ADA and where to turn for additional information and assistance.

A Guide to Disability Rights Laws PDF 
A 21-page booklet that provides a brief overview of ten Federal laws that protect the rights of people with disabilities and provides information about the federal agencies to contact for more information. (Spanish, Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Tagalog and Vietnamese editions available from the ADA Information Line.)

Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS PDF 
A 14-page publication explaining the rights of persons with HIV/AIDS under the Americans with Disabilities Act (ADA), and the requirements of the ADA for employers, businesses and non-profit agencies that serve the public, and State and local governments to avoid discriminating against persons with HIV/AIDS (June 2012).

Ten Employment Myths
Many employers misunderstand the Americans with Disabilities Act and are reluctant to hire people with disabilities because of unfounded myths. This seventeen-minute video responds to concerns expressed by employers, explaining the ADA in common sense terms and dispelling myths about this often overlooked pool of well-qualified employees.

More Technical Assistance Materials

BREAKING DOWN BARRIERS TO EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES

The Disability Rights Section works to achieve equal opportunity for people with disabilities in the United States by implementing the Americans with Disabilities Act (ADA). Through its multi-faceted approach toward achieving compliance with the ADA, this Section works to make this goal a reality. The Section’s enforcement, certification, regulatory, coordination, and technical assistance activities, required by the ADA, combined with an innovative mediation, provide a cost-effective and dynamic approach for carrying out the ADA’s mandates. The Section also carries out responsibilities under Sections 504 and 508 of the Rehabilitation Act, the Small Business Regulatory Enforcement Fairness Act, and Executive Order 12250.

Section activities affect six million businesses and non-profit agencies, 80,000 units of state and local government, 49 million people with disabilities, and over 100 Federal agencies and commissions in the Executive Branch.

Mississippi Disabilities (ADA): What you need to kno

Private employers. Mississippi has no comprehensive fair employment law that covers private employers. However, private employers with 15 or more employees are covered by the federal Americans with Disabilities Act (ADA).
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Public employers. The Discrimination in State Employment Law prohibits discrimination on the basis of disability (MS Code Sec. 25-9-103). The Handicapped Discrimination in State Employment Law prohibits discrimination against an individual who is blind, visually handicapped, or otherwise physically handicapped unless the disability materially affects the performance of the work required by the job. The law applies to state employment, public schools, and in any other employment supported in whole or in part by state funds (MS Code Sec. 43-6-15). The State Personnel Board has issued a statement of equal opportunity employment for all individuals, and follows the guidelines set forth by the ADA.
ADA Compared
The ADA prohibits employers from inquiring about disabilities until after a conditional offer of employment is made, and then only if it makes the same inquiries of all prospective employees in the same job category. An employer may conduct a physical fitness or agility test to measure an employee’s ability to perform job tasks. The ADA requires employers to make reasonable accommodations for the known physical and mental limitations of otherwise qualified individuals who are applicants or employees, provided such accommodations do not create an undue hardship.
A “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having an impairment. Amendments to the ADA in …

 

 

 

Disability Rights Mississippi (DRMS) is a private, non-profit corporation with a federal mandate to protect and advocate for the rights of individuals with disabilities across the state of MS. DRMS has been providing advocacy services for almost thirty years, free of charge, to Mississippians with disabilities and has helped improve the lives of thousands of our state’s most vulnerable population by championing their rights.

DRMS is the only disability advocacy agency in MS that has attorneys on staff to pursue legal remedies if necessary. Our mission is to promote, protect and advocate for the legal and human rights of all people with disabilities, and to assist them with full inclusion in home, community, education and employment.