Since 1990, all companies have been required by federal mandate to avoid discriminatory practices in the recruitment, employment, compensation, retention and dismissal of their employees by adhering to the letter and spirit of the Americans with Disabilities Act (ADA) (New Freedom Initiative, n.d.).

The Americans with Disabilities Act was, and remains, a significant piece of legislation because it “is a civil rights law created to assure equal opportunity for people with disabilities in all aspects of American life” (New Freedom Initiative, n.d., para. 1; emphasis added). With respect to employment, the ADA ensures that people with any type of a physical or mental disability who are qualified for the job for which they are applying will and must, by law, be considered equally appropriate when compared to other job candidates, even candidates who do not suffer from mental or physical impairments. Furthermore, the ADA stipulates that employers take great care and efforts to make any necessary “reasonable accommodations” that would not create an “undue hardship” on the business to ensure that the employee can function in that job if hired (U.S. Equal Employment Opportunity Commission, 2007, para. 4). In other words, the main focus of this part of the law is to ensure that once hired without discrimination due to disabilities, these employees are not forced to work in an environment that does not allow them to function other employees might.

The introduction of the ADA required a theoretical and practical paradigm shift for many American businesses and institutions because of the sheer number of modifications that were required. The scope of the changes introduced by the ADA was broad, requiring not only a change in many the more general policies of an organization, but also in its systemic and day-to-day practices, as well as in the physical infrastructure of the organization (Cornell University ILR School, Employment and Disability Institute, 2007). In some cases, in order to provide reasonable accommodations for disabled employees, organizations had to familiarize themselves with technical equipment with which they may not have had prior experience, as well as determine the best source and means for procuring such equipment and other assistive technology devices (Cornell University ILR School, Employment and Disability Institute, 2007). In addition, because of these new laws, many organizations also had to learn how to assess the needs of disabled employees accurately and effectively, and had to develop a plan for how to provide equal opportunities for professional development and advancement. Still another area of learning involved acquiring an understanding of technical terms that may be unfamiliar to people without disabilities.

Adhering to the new laws did require a significant amount of effort in several aspects for organizations and some businesses had to learn these lessons the hard way, namely through litigation. Seventeen years after the passage of the ADA, the U.S. Equal Employment Opportunity Commission, which is charged with the responsibility of receiving and investigating allegations of violations of this law, indicated that in fiscal year 2006, 15,575 people with disabilities reported that they had been the victims of employment discrimination due to their conditions (U.S. Equal Employment Opportunity Commission, 2007). All but 530 of these cases were resolved by the Equal Employment Opportunity Commission, which also places a mediating function between the individual with a grievance and a company (U.S. Equal Employment Opportunity Commission, 2007). The 15,035 cases that were resolved resulted in the recovery of $48.8 million in the form of out of court settlements paid by companies to the individuals making the charges (U.S. Equal Employment Opportunity Commission, 2007). Even after this point, there was still more money to be recovered by victims of discrimination in court. Thus, one sees that failing to respond appropriately to the regulations of the ADA can be an expensive lesson indeed and this has prompted many organizations to take the necessary actions to ensure full legality and compliance with the regulations put forth by the Americans with Disabilities Act.