ANCC NE-BC Ch 6 Legal & Regulatory
Issues; Human Capital; Healthcare Policy &
Politics; Ethics
Americans with Disabilities Act of 1990 (Amended 2008) - ANSWER Was designed to ensure that
otherwise qualified persons with disabilities enjoys the same employment opportunities as
those without. Under the ADA, the term disability has three distinct definitions: a physical or
mental impairment that substantially limits one or more of the persons major life activities. A
record of such impairment, or being regarded as having such an impairment. A person must
satisfy at least one of these definitions to be considered a person with a disability for the
purpose of this act.
Equal Employment Opportunity Commission (EEOC) - ANSWER Published its final regulations,
implementing the equal employment, provisions of the ADA on July 26, 1991.
ADA Five Titles - ANSWER Title I- Employment
Title II- Public Service (including transportation)
Title III- Public Accommodations
Title IV- Telecommunication
Title V- Miscellaneous Provisions
ADA Title I -Employment - ANSWER Prohibits employers from discriminating on the basis of a
persons disabilities, and applies to all facets of employment, including application for
employment, in terms of employment.
ADA Title II - Public Services - ANSWER Requires public entities employed in public
transportation services to provide accessible services to people with disabilities.
,ADA Title III: Public Accommodations - ANSWER Prohibits discrimination in places of public
accommodations, provided by private entities, such as lodging, restaurants, educational,
facilities, and so forth.
ADA Title IV: Telecommunications Relay Services - ANSWER Requires carriers of telephonic
services to provide equal communication opportunities to disabled persons
ADA title V Provisions - ANSWER Provides certain, miscellaneous provisions including state
immunity, attorney fees, and prohibition against employer retaliation.
Reasonable Accommodation - ANSWER Addressed within Title I
EEOC defines the term to mean:
- modifications to the job application process that unable to qualified person with a disability to
be considered for the position
-Modifications to the work environment, or the manner or circumstances, under which the
position held or desired, is customarily performed that enables a qualified person with a
disability to perform the essential functions of the position
-Modifications that enable an employee with a disability to enjoy the same benefits and
privileges of employment as those without disabilities
ADA adopts the enforcement of Title VII of the Civil Rights Act of 1964 - ANSWER Affirmative
action differs from the EEOC in that it enhances employment opportunities for protected groups
of people. Affirmative action refers to equal opportunity employment measures that federal
contractors and subcontractors are legally required to adopt. Affirmative action today continues
to protect in and hands employment opportunities for groups and considers the factors of race,
color, religion, gender, or national origin. Individual states have chosen to ban affirmative action
to eliminate a quota system.
Rehabilitation Act of 1973 - ANSWER Extended protection to those with physical or mental
handicaps. An employer may not insisted an employee with a disability perform all aspects or
functions of a job, but only those that are essential.
, ADA Ammendments Act of 2008 - ANSWER Three key strategies to successfully navigate the
ADA:
1. Delineate mandatory functions of the job.
2. Make the work environment handicapped accessible, remove barriers.
3. Prepare job descriptions before advertising or interviewing applicants for the job.
Age Discrimination and Employment Act (ADEA) of 1967 (amended 1978) - ANSWER The
purpose was to promote employment of older persons, based on their ability rather than age;
to prevent arbitrary age discrimination in employment; to help employers, and workers find
ways of meeting problems arising from the impact of age unemployment. The older persons
who are protected by the act are at least 40 years old but younger than 65. In early 1978, the
ADEA was amended to increase the protected upper age to 70. it serves two primary functions:
it prohibits arbitrary age discrimination in employment, and it promotes employment based on
ability.
Family and Medical Leave Act of 1993 (Amended 2008) - ANSWER Entitles employees to take a
reasonable leave for medical reasons; for the birth or adoption of a child; for the care of a child,
spouse, or parent who has a serious health condition. Employers must provide the leave while
maintaining insurance and equal position within the organization. The 2008 amendment reads:
to accomplish the purposes in a manner that is consistent with the equal protection clause of
the 14th amendment, minimizes the potential for employment discrimination on the basis of
sex by ensuring generally that leave is available for eligible medical reasons, and for compelling
family reasons on a gender neutral basis.
Civil Rights Act of 1964 (amended 1972) - ANSWER Known as Title VII. Prohibits discrimination
on basis of race, color, religion, national origin, sex, or sexual orientation
It prohibits discrimination based on factors not related to job qualifications, and promotes
employment based on ability and merit. The law was developed to address discriminatory
practices with respect to African-Americans, and was amended before its first passage to
protect women of all races.
Issues; Human Capital; Healthcare Policy &
Politics; Ethics
Americans with Disabilities Act of 1990 (Amended 2008) - ANSWER Was designed to ensure that
otherwise qualified persons with disabilities enjoys the same employment opportunities as
those without. Under the ADA, the term disability has three distinct definitions: a physical or
mental impairment that substantially limits one or more of the persons major life activities. A
record of such impairment, or being regarded as having such an impairment. A person must
satisfy at least one of these definitions to be considered a person with a disability for the
purpose of this act.
Equal Employment Opportunity Commission (EEOC) - ANSWER Published its final regulations,
implementing the equal employment, provisions of the ADA on July 26, 1991.
ADA Five Titles - ANSWER Title I- Employment
Title II- Public Service (including transportation)
Title III- Public Accommodations
Title IV- Telecommunication
Title V- Miscellaneous Provisions
ADA Title I -Employment - ANSWER Prohibits employers from discriminating on the basis of a
persons disabilities, and applies to all facets of employment, including application for
employment, in terms of employment.
ADA Title II - Public Services - ANSWER Requires public entities employed in public
transportation services to provide accessible services to people with disabilities.
,ADA Title III: Public Accommodations - ANSWER Prohibits discrimination in places of public
accommodations, provided by private entities, such as lodging, restaurants, educational,
facilities, and so forth.
ADA Title IV: Telecommunications Relay Services - ANSWER Requires carriers of telephonic
services to provide equal communication opportunities to disabled persons
ADA title V Provisions - ANSWER Provides certain, miscellaneous provisions including state
immunity, attorney fees, and prohibition against employer retaliation.
Reasonable Accommodation - ANSWER Addressed within Title I
EEOC defines the term to mean:
- modifications to the job application process that unable to qualified person with a disability to
be considered for the position
-Modifications to the work environment, or the manner or circumstances, under which the
position held or desired, is customarily performed that enables a qualified person with a
disability to perform the essential functions of the position
-Modifications that enable an employee with a disability to enjoy the same benefits and
privileges of employment as those without disabilities
ADA adopts the enforcement of Title VII of the Civil Rights Act of 1964 - ANSWER Affirmative
action differs from the EEOC in that it enhances employment opportunities for protected groups
of people. Affirmative action refers to equal opportunity employment measures that federal
contractors and subcontractors are legally required to adopt. Affirmative action today continues
to protect in and hands employment opportunities for groups and considers the factors of race,
color, religion, gender, or national origin. Individual states have chosen to ban affirmative action
to eliminate a quota system.
Rehabilitation Act of 1973 - ANSWER Extended protection to those with physical or mental
handicaps. An employer may not insisted an employee with a disability perform all aspects or
functions of a job, but only those that are essential.
, ADA Ammendments Act of 2008 - ANSWER Three key strategies to successfully navigate the
ADA:
1. Delineate mandatory functions of the job.
2. Make the work environment handicapped accessible, remove barriers.
3. Prepare job descriptions before advertising or interviewing applicants for the job.
Age Discrimination and Employment Act (ADEA) of 1967 (amended 1978) - ANSWER The
purpose was to promote employment of older persons, based on their ability rather than age;
to prevent arbitrary age discrimination in employment; to help employers, and workers find
ways of meeting problems arising from the impact of age unemployment. The older persons
who are protected by the act are at least 40 years old but younger than 65. In early 1978, the
ADEA was amended to increase the protected upper age to 70. it serves two primary functions:
it prohibits arbitrary age discrimination in employment, and it promotes employment based on
ability.
Family and Medical Leave Act of 1993 (Amended 2008) - ANSWER Entitles employees to take a
reasonable leave for medical reasons; for the birth or adoption of a child; for the care of a child,
spouse, or parent who has a serious health condition. Employers must provide the leave while
maintaining insurance and equal position within the organization. The 2008 amendment reads:
to accomplish the purposes in a manner that is consistent with the equal protection clause of
the 14th amendment, minimizes the potential for employment discrimination on the basis of
sex by ensuring generally that leave is available for eligible medical reasons, and for compelling
family reasons on a gender neutral basis.
Civil Rights Act of 1964 (amended 1972) - ANSWER Known as Title VII. Prohibits discrimination
on basis of race, color, religion, national origin, sex, or sexual orientation
It prohibits discrimination based on factors not related to job qualifications, and promotes
employment based on ability and merit. The law was developed to address discriminatory
practices with respect to African-Americans, and was amended before its first passage to
protect women of all races.
