FMLA가 자격조건이 안 될 경우에 취할 수 있는 다른 조치입니다.
그러나 이것도 의사의 진단서가 반드시 동반되어야 합니다.
Employee를 terminate시키는것은 언제나 법적 소송건과 직결될 수 있기 때문에 늘 신중을 기하셔셔 모든 위기에서 안전하게 통과하셨으면 합니다.
ADA도 안될 경우, 회사내의 Policy에 의존할 수도 있습니다. 그러나 모든 employee에게 공평하게 똑같이 적용시켜야 합니다. Cause 가 분명한 경우에는 물론 terminate 시킬수 있습니다.
 | |
| Full title | An Act to establish a clear and comprehensive prohibition of discrimination on the basis of disability |
|---|---|
| Acronym | ADA |
| Enacted by the | 101st United States Congress |
| Effective | July 26, 1990 |
| Citations | |
| Public Law | 101-336 |
| Stat. | 104 Stat. 327 |
| Codification | |
| Title(s) amended | 42 |
| U.S.C. sections created | 12101 et seq. |
| Legislative history | |
| |
| Major amendments | |
| ADA Amendments Act of 2008 | |
| Supreme Court cases | |
| Bragdon v. Abbott Olmstead v. L.C. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams | |
The Americans with Disabilities Act of 1990 (ADA) is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009.
The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.
The "original intent" of the law, as co-conceived by Lex Frieden and Mitchell J. Rappaport, was to create civil rights law protections for people with disabilities that would be permanent, would not be able to be reversed or weakened, and would prohibit all discrimination. It was also intended so that Americans with disabilities would be kept in the mainstream in terms of scientific and medical research and developments, especially opening future opportunities in Space exploration to them, as well as public policy changes, healthcare law and policy changes, and civil rights protections and public law changes for Americans with physical, mental and cognitive disabilities. It was intended to be a flexible set of laws that could only be strengthened, not weakened, by future case law.
On September 25, 2008, President George W. Bush signed into law the ADA Amendments Act of 2008 (ADAAA). This was intended to give broader protections for disabled workers and "turn back the clock" on court rulings which Congress deemed too restrictive. The ADAAA includes a list of "major life activities."
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** 상기 내용에 따른 모든 Liability는 본인에게 있음을 알려드립니다.
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