Study Guide - 12 What is the IRCA and what does it cover...

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12. What is the IRCA and what does it cover? Immigration Reform and Control Act ( IRCA ) of 1986: In brief the act: required Employers to attest to their employees' immigration status, and granted amnesty to certain illegal immigrants who entered the United States before January 1, 1982 and had resided there continuously Made it illegal to knowingly hire or recruit illegal immigrants (immigrants who do not possess lawful work authorization). Granted a path towards legalization to certain agricultural seasonal workers and immigrants who had been continuously and illegally present in the United States since January 1, 1982. 13. What is the American with Disabilities Act? The act contains 5 titles which each cover a specific accommodation or need: 1. Employment- a. The ADA states that a covered entity shall not discriminate against a qualified individual with a disability . [6] This applies to job application procedures, hiring, advancement and discharge of employees, workers' compensation , job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency , labor organization , or joint labor-management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers. [7] Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training. Employers can use medical entrance examinations for applicants, after making the job offer, only if all applicants (regardless of disability) must take it and it is treated as a confidential medical record . Qualified individuals do not include any employee or applicant who is currently engaging in the illegal use of drugs when that usage is the basis for the employer's actions. [8] 2. Public Entities (Public Transportation)
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a. Title II prohibits disability discrimination by all public entities at the local ( i.e. school district, municipal, city, county) and state level. Public entities must comply with Title II regulations by the U.S. Department of Justice . These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity. b. Title II also applies to public transportation provided by public entities through regulations by the U.S. Department of Transportation . It includes the National Railroad Passenger Corporation , along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed route services.
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