Americans with Disabilities Act
The Americans with Disabilities Act (ADA)(42 U.S.C. § 12101, et seq.) and the Americans with Disablities Amendments Act (ADAA)(42 U.S.C.A § 12101,et seq.) is a federal civil rights law that protects individuals from employment discrimination (as well as other forms of discrimination) based upon disability in much the same way that other federal laws protect individuals from employment discrimination on the basis of race, color, sex, national origin, age, and religion. The U.S. Supreme Court has ruled that the states are immune from suit by individuals for damages to enforce the ADA and ADAA, however, the State of Vermont continues to follow the law. Although an individual cannot sue for damages, the law still applies to the states and could be enforced by the federal government, or an individual could seek injunctive relief. In addition, the standards established under the ADA and ADAA frequently are followed by Vermont courts when interpreting the Vermont Fair Employment Practices Act (21 V.S.A. § 495, et seq.), which also prohibits discrimination based upon disability.
The ADA covers a wide range of individuals with disabilities. An individual is considered to have a disability if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The ADA and ADAA also prohibits discrimination against employees based on their relation to or association with individuals with known disabilities.
For more information on the State's ADD/ADAA policies and procedures, please reference Personnel Policies and Procedures listed below: