The Americans with (or without) Disabilities Act: Pre-employment Medical Inquiries and the Non-disabled

Abstract

In 1990, approximately 43 million Americans suffered from mental or physical disabilities. There is no question that disabled Americans face discrimination in their daily lives. However, prior to 1990, disabled individuals were only able to obtain legal redress from discrimination they experienced in the federal arena. As such, many were left with no legal course of action whatsoever. To address this previously unpunished discrimination against disabled persons, President George H. Bush signed the Americans with Disabilities Act (“ADA” or “the Act”) into law on July 26, 1990. With the purpose of setting forth a “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,” the Act placed able-bodied status among other statutorily protected categories such as race, national origin, gender and age. As with legislation protecting other groups victimized by discrimination, Congress, in enacting the ADA, recognized the need for equal treatment of disabled persons in the realm of employment.