| Summary: | 碩士 === 國立中正大學 === 勞工研究所 === 91 === The issue of disability discrimination in the workplace has not gained too much attention for the past years in Taiwan. Therefore, the law and system providing protection and remedies for the disabled is not well established. This thesis is to discuss the law and system governing disability discrimination in the United States, and to provide recommendations for the future development of relevant law and system in Taiwan, especially the amendment of Employment Service Act and Physical and Mental Disabled Protection Act. Hopefully, the government and the public in Taiwan will pay more attention to the issues concerning protection of the disabled and regulation of disability discrimination in the workplace in the future.
This thesis probes into the regulations of Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, including the definition of disability, the determination of protected disability, types of disability discrimination, relevant legislative history, the employer’s duties and legal defenses, and statutory remedies for the protected disabled. It then provides the advantages of the law and system governing disability discrimination in the United States, including: (1) the relevant law and system is well established; (2) a professional agency resolving the disputes concerning disability discrimination in the workplace is established; (3) the determination whether an individual is disabled is made case-by-case; (4) the employer has a duty to make reasonable accommodations to the disabled protected by law; (5) the remedies provided for the disabled in the workplace are comprehensive. Finally, this thesis provides recommendations for the future development of relevant law and system in Taiwan, including: (1) establishing a complete law and system regulating employment discrimination; (2) creating a professional and independent agency to cope with the disputes regarding disability discrimination in the workplace; (3) setting up standards to determine whether an individual is disabled in the workplace; (4) strengthening the remedies provided for the protected disabled in the workplace; (5) amending the mandatory employment quota system.
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