Title I of the Americans with Diabilities Act: The Anatomy of a Law
In: Public personnel management, Band 25, Heft 3, S. 323-332
ISSN: 1945-7421
anatomy. 1: a branch of morphology that deals with the structure of organisms 2: a treatise on anatomic science or art 3: the art of separating the parts of an animal or plant in order to ascertain their position, relations, structure, and function 4: a body dissected or to be dissected 5: structural makeup esp. of an organism or any of its parts 6: a separating or dividing into parts for detailed examination.1 Public sector actions have been increasingly affected by civil rights laws. The primary purpose of this article is to show how one important act impinges on public personnel management. Since little has been written on how such laws are constructed, this article will deal with the anatomy of a basic civil rights law, and will show how Title I of the Americans with Disabilities Act of 1990 (ADA) is constructed in terms of definitions, rights, responsibilities, exceptions and defenses. Research methodology will involve the analysis of primary sources: (1) the ADA of July 26, 1990 itself, and (2) the Equal Employment Opportunity Commission's "Equal Employment Opportunity with Individuals with Disabilities; Final Rule" of July 26, 1991. The introductory sections of the article will also provide a brief overview of several structural aspects of Title I, and a comparison of this law with Title VII of the Civil Rights Act of 1964 (CRA).