American Disability Act and Affirmative Action Act
Critique of Modern Civil ights Acts
The quest to ensure that every American's civil rights are guaranteed is still being waged today. New populations of disadvantaged are continuing to be guaranteed by modern legislation the same every day benefits the majority of the population often takes for granted. Acts like the American Disability Act and the Affirmative Action Act are continuing to provide for the American people to ensure that everyone gets the same benefits and rights; although some of these acts have been more successful than others.
The American Disability Act was a monumental piece of legislation aimed at helping protect the rights of vulnerable populations. For generations, there was little vocational protection for the disabled in the work environment. This often led to wrongful termination and even a complete lack of hiring people with disabilities. In 1990, the president Bush passed the American Disability…...
mlaReferences
Dale, Charles V. (2005). Federal affirmative action law: A brief history. CRS Report for Congress. Web. http://www.au.af.mil/au/awc/awcgate/crs/rs22256.pdf
U.S. Equal Opportunity Employment Opportunity Commission. (2008). Facts about the American Disability Act. Web. http://www.eeoc.gov/facts/fs-ada.html
Case Analysis PaperCase #1: Weaver v. Nebo School District, 29 F. Supp. 2d 1279 (D. Utah 1998) (p. 557)Parties: The Plaintiff in this case was Wendy Weaver and the defendants included the Nebo School District (a public school district in the southern part of Utah County) as well as Robert Wadley, Almon Mosher, Larry Kimball, Denis Poulsen, and multiple Does.Facts: The Plaintiff was employed as a teacher with the Nebo School District who also coached the schools girls volleyball team for which she received a stipend. The incumbent coach was typically selected for the position, but the Plaintiff claimed she was denied a renewal of her coaching position due solely to her voluntary admission that she was a homosexual.Issue: The Plaintiffs claims in this case were as follow: 1) correspondence from the school administrator to her dated July 22 and October 29, most especially the restrictions on her speech, were…...
mlaReferences
Boeing: Number of Employees. (2022). Macrotrends. Retrieved from net/stocks/charts/BA/boeing/number-of-employees.https://www.macrotrends.
Corcoran, T. (2018). Rethinking Title VII’s Protections against Sex Discrimination in an Employment Context: Hively V. Ivy Tech Cmty. Coll., 853 F.3D 339 (7Th Cir.). Tennessee Journal of Law & Policy, 13(1), 5–14.
Covais, J. R. (2022). Baby, We Were Born This Way: The Case for Making Sexual Orientation a Suspect Classification under the Equal Protection Clause of the Fourteenth Amendment. Touro Law Review, 38(1), 283–321.
(Schall, 1998)
In addition to a lightened burden of proof and broader definition there were two additional changes resulting from the amendment which served to positively affect the impact and ultimate effectiveness of the legislation. This amendment clarified the fact that judges are not allowed to assess possible mitigating factors such as medication, corrective surgery, or specialized equipment in the determination of whether or not an individual is disabled. This change is directly related to the Sutton case. Further the amendments clarified the definition of major life activities. This amendment relates directly to the Williams case in which a judge deemed that Carpal Tunnel wasn't in fact a significant impairment to major life activities, it merely precluded her from successfully completing specific tasks in the work place. Though the language of the Act is still quite ambiguous, these changes help to clarify and protect the intention of the act.
Exceptions
In the…...
mlaReferences
1. Disability Discrimination Act 1995. (c.50), London: HMSO.
2. Schall, C., 1998. The Americans with Disabilities Act -- Are we keeping our promise? An analysis of the effect of the ADA on the employment of persons with disabilities. Journal of Vocational Rehabilitation, 10(3), pp.191-203.
3. Stowe, M., 2000. Interpreting "place of public accommodation" under Title III of the ADA: A technical determination with potentially broad civil rights implications. Duke Law Journal, pp. 297- 329.
4. Grabois, R., Nosek, M., & Rossi, D., 2005. Accessibility of primary care physicians' offices for people with disabilities: An analysis of compliance with the American with Disabilities Act. Archives of Family Medicine, 8, pp. 44- 51.
role Americans Disabilities Act 1990 plays hiring evaluation process police officers. 3. The ethical conflicts unique police psychologists.
Exhibition review:
Abelardo Morell At the indow: The Photographer's View
The Cuban-born photographer Abelardo Morell is best known for his photographic work using the technique known as camera obscura. This technique actually pre-dates contemporary photography and was used by the ancient Greeks and Romans as well as Leonardo. Camera obscura involves the use of "light passing through a pinhole into a dark room" which will "project and transpose an image of whatever lies outside" (Di Pero 2013). Morell has adapted this technique to cotemporary photography. He dates his fascination with the method to the birth of his son, in after which he became inspired to look at the world with the eyes of a child and desired to take a more domestic view of life. "I started making photographs as if I were a…...
mlaWorks Cited
"Camera Obscura: The Captivating Work of Abelardo Morell." Apartment Therapy. Oct 2013.
[8 Nov 2013] http://www.apartmenttherapy.com/camera-obscura-150465
Di Pero, W.S. "In a dark room: The photography of Abelardo Morell
San Diego Reader. 30 Oct 2013. [8 Nov 2013]
pecifically, the ADA recognizes disability that results from physical or psychological disabilities that have detrimental effects on any part of life that is considered a "major life activity." Generally, those activities are those that are, ordinarily, "basic components" of a person's life. Typical examples of "basic components" of a "major life activity" would be seeing, hearing, walking, communicating, and learning.
Title I also prohibits any form of discrimination in hiring and promotions against the disabled. American with Disabilities Act Title II requires all state and local governments and municipalities to make "reasonable accommodations" to enable the disabled fair access to their buildings and facilities, and to the equipment of their public transportation systems. American with Disabilities Act Title III establishes similar obligations on private businesses and on most other commercial facilities that are generally open to the public.
Relevance to the Modern Workplace and Health Information Management
In the modern workplace, ADA…...
mlaSources Consulted
Edwards, G.C., Wallenberg, M.P., and Lineberry, R.B. (2009). Government in America: People, Politics, and Policy. New York: Longman.
Goldfield, D., Abbot, C., Argersinger, J., and Argersinger, P. (2005). Twentieth-Century
America: A Social and Political History. New Jersey: Pearson.
The Act is not adaptable, it is not distinct in nature and it is costly to implement (eynolds, 1995). These factors have allowed the public to disregard the members of the society that were supposed to be protected by the Law. It has been difficult to distinguish the groups that are protected by the Act, to ensure the Act is understood and applicable, the Act should be refined, reworded and simplified to ensure that it is easily understood and adapted (Lande, 1998).
Employers have in a greater way been able to deny disabled people employment although the disabled person may be in a position to perform most of the responsibilities; they are not given the opportunity to prove their ability to perform. The employer refuses to hire the person not on the basis of inability to perform but because they are physically disabled (Shaw, 2008). Whenever an employee is terminated…...
mlaReferences
Shaw, K. (2008). The Disability Rights Movement -- The ADA Today. Academic Search Premier 4(2), 20-25.
Meneghello, R., & Russon, H. (2008). Creating a Movement: The First 18 Years of the ADA. Academic Search Premier. 4, 21-25.
Hermes, J. (2008). Attempt to Broaden Disabilities Act Concerns Some College Officials. Chronicle of Higher Education. 40, A23-A23
Lande, R. (1998). Disability law: Problems and proposals. Southern Medical Journal, 6, 518.
American Association of People with Disabilities (AAPD)
American Association of People with Disabilities
Agency Selected
The American Association of People with Disabilities (AAPD)
Purpose and structure
The American Association of People with Disabilities (AAPD) is the largest cross-disability membership organization in the nation. The agency serves multiple purposes, the most fundamental of which is advocacy. Established in 1995, the agency's original objectives were twofold: (1) to be a voice for and implement the policy goals of the Americans with Disabilities Act (ADA) -- which had been enacted in 1990 -- and (2) to unite a wide diversity of people with disabilities into a community, bringing together the many disability-specific organizations that made up the landscape. The American Association of People with Disabilities holds that joining the diverse constituencies of the disability community -- people with physical disabilities, intellectual disabilities, developmental disabilities, sensory disabilities, psychiatric disabilities, and chronic health conditions -- helps these different interest groups…...
mlaReferences
Affirmative Action, Stanford Encyclopedia of Philosophy.(2009). Retrieved http://plato.stanford.edu/entries/affirmative-action/
American Association of People with Disabilities Annual Report 2008-2009. Retrieved
Buskey, F., and Pitts, E.M. (2009). Training subversives: The ethics of leadership preparation. Phi Delta Kappan, 91(3), 57-61. Retrieved July 7, 2011 from EBSC host, http://web.ebscohost.com/
Annotated Bibiliography
Courtney, Bailey. "Supersizing America: Fatness and Post-9/11 Cultural Anxieties." Journal of Popular Culture 43, no. 3 (2010): 441-462.
Courtney discusses the impact of fast food on the health of Americans focusing on the documentary film "Super-Size Me" that accuses Mcdonald as the major contributor of health effects of American people. According to the author, the obesity is threatening the health of the American society because there is likely to be an increase in the childhood obesity in the nearest future. Thus, the author suggests that Americans should inculcate a diet culture to get thin.
Carla, Rice. "Becoming "the Fat Girl": Acquisition of an Unfit Identity." Women's Studies International Forum 30, no. 2 (2007): 158-74.
Carla explores the theory of feminist poststructuralist of fat that narrates diverse fat women in the Canadian context. The author documents the cultural message regarding fitness and fatness contributing to the perceptions of the fat frame being unfit…...
Living with disabilities certainly exposes life to a variety of challenges including the challenge of securing and keeping a job. But today fortunately for most people with disabilities, increased awareness and technological advancements have given a boost to their quality of life. Also societal and legislative changes have reduced the discriminations against disabled peopled especially at work by making it mandatory on employers to make reasonable accommodations for people with disabilities. For example one such disability can be visual impairment. We are using this example to explain how disabilities are viewed under Americans with disability act and how they must be taken care of at workplace. Visual disability or vision loss can have various forms and degrees and have many different causes. Each person with visual impairment or blindness is affected differently. Some people might have low vision since birth but most have vision problems because of a disease or…...
mlaReferences
ADA, (2008). Questions and Answers About Blindness and Vision Impairments in the Workplace and the Americans with Disabilities Act, The U.S. Equal Employment Opportunity Commission, retrieved 28 March 2012 from http://www.eeoc.gov/facts/blindness.html
CDC, (n.d.). National Center on Birth Defects and Developmental Disabilities (NCBDDD), http://www.cdc.gov/ncbddd/dd/ddvi.htm .
NCHS, (2002). National Center for Health Statistics, U.S. Dept. Of Health and Human Services, Summary Health Statistics for U.S. Adults: National Health Interview Survey, 2002, Vital and Health Statistics, Series 10, No. 222 (DHHS Publication No. 2004-1550).
WHO, (2011). Visual impairment and blindness, World Health Organization, Retrieved March 28, 2012 from http://www.who.int/mediacentre/factsheets/fs282/en/
fifth of all Americans have some type of disability (United States Census Bureau, 2000).
Alarming? Yes, however, disabilities do not discriminate and people of all ages, race, and socioeconomic backgrounds can be affected or have a family member who has a disability. Disabilities in children may include, but are not limited to Attention Deficit Hyperactivity Disorder, Asperger's Disorder, Autism, Central Auditory Processing Disorder, Dyscalculia, Dyslexia, Dysgraphia, Dysprazia, Learning Disabilities, and Nonverbal Learning Disability. While these are only a few of the ever-growing list of disabilities discovered in children, the list continues to grow as additional research is conducted to identify more disabilities in children. This paper will discuss the issues, concepts, and findings of recent literature on the important issue of children with disabilities. It will also include information on how a disabled child and the parents search for help and resources with an emphasis being on treatment and educational…...
mlaReferences
Administration for Children and Families. (2004). Head Start Bureau.
Accessed March 30, 2004, from, http://www.acf.dhhs.gov/programs/hsb/index.htm
American Dietetic Association. (2004). Position of the American Dietetic Association: providing nutrition services for infants, children, and adults with developmental disabilities and special health care needs. Journal of the American Dietetic Association, 104 (1) 97-108.
Bayerl, C., Ries J., Bettencourt M., & Fisher P. (1993). Nutrition issues of children in early intervention programs: primary care team approach. Semin Pediatric Gastroenterol Nutrition 4:11-15.
sign language in public settings for people who are deaf.
Writing notes as a way to communicate with people who are deaf is convenient, for people with normal hearing, and recommended, by people with normal hearing. In the world of hearing people, recommendations for using note writing as a way to communicate with people who are deaf is common.
Communication at work. Employers are advised to supplement their communication with employees who are deaf by writing notes. For example, Equal Access Communication, an advocacy organization suggests that supervisors may wish to keep a white board or a chalk board by the work area of an employee who is deaf. The supervisor is reminded to keep the writing simple and concise, first establishing the subject to be discussed and then providing an explanation. Further, the supervisor is reminded that the person who is deaf may experience difficulties understanding idioms or double negatives,…...
mlaReferences
Emmorey, K., Borinstein, H.B., and Thompson, R. (n.d.). Bimodal bilingualism: Code-blending between spoken English and American Sign Language, The Salk Institute for Biological Studies and University of California, San Diego. Retrieval http://emmoreylab.sdsu.edu/pdf-bilingual/bilingual1.pdf
Teplin, E. (2008, August 26). Representing deaf and hard of hearing people: Legal requirements & practical suggestions. The Hennepin Lawyer. Retrieved http://hennepin.timerlakepublishing.com/article.asp?article=1246
Internet sources accessed http://www.signofthetimes.us/Medical.htm
Linguistics 1 / Anthropology 104: Fall 2004
American Sign Language
Learning and using Sign Language will be pretty easy to do because there are so many books and web sites available that teaches it to anyone who wants to learn.
In life, people usually take things for granted like the ability to speak and hear. For the last few weeks I have been hanging out with my friend named XXXX. Until I really got to know her, I know that I sure took the ability to listen for granted. I have always seen myself as a healthy individual and my parents have always been very supportive by telling me that I'm pretty smart. So why wouldn't I take those things for granted? Along comes XXXX who is deaf and needs to communicate with her friends and family by using sign language. As a bird sits in a tree near my window, I have…...
mlaWorks Cited
Rights of Deaf And HOH Under the ADA. Ed. Omar Zak. 12/30/1995. ADA. Retrieved on 22 Oct. 2004, from .
Handspeak. Welcome to the HandSpeak. Retrieved on 22 Oct. 2004, from
Where.com. Ed. American Sign Language. Where.com. Retrieved on 22 October 2004, from
Appendix A
American Meat Packing Corp., 362F.3d 418 (7th Cir. 2004).
On November 15, 2001, 350 workers at the American Meat Packing Corporation (AMPC) showed up for work and were told they had been terminated. Because they were not notified 60 days prior to termination, the Worker Adjustment and etraining Notification Act, U.S.C. § 2101-2109, the WAN Act, did not apply. The purpose of the 1989 WAN Act was to create a buffer for workers who anticipate mass layoffs or plant closings that have been unanticipated. Under the WAN Act, the 60 day notice of plant closings or any mass layoffs may be waived or reduced if a business closure is "caused by some sudden, dramatic, and unexpected action or condition outside the employer's control." 20 C.F.. § 639.9(b)(1).
The fundamental issue of this case is that of foreseeability. Business situations that are likely to cripple or close a firm may be considered foreseeable…...
mlaResources-Through Strategies
partnerships (8th ED), Thomson Retrieved / graduate_writing_program courses/academic_writing_II/media/b_paper.pdfhttp://esl.rutgers.edu
Internet sources assessed.
Lexus-Nexus
http://www.inderscience.com/www/pdf/ejim/06ejim-20477.pdfhttp://openjurist.org/279/f3d/333/degruise-v-sprint-corporation
According to the book, studies have shown non-native speaking students or students who have special needs physical or behavioral struggle depression because they are in a different country and away from family. "Psychologist David Pillemer has analyzed memories of school, and suggests that such memories have much to tell us about students' perception of success or failure. When I talk to people about their education, from factory workers to physicians, from middle-school to doctoral students, it is telling how many of them call up resonant and emotional memories of events in school that, they claim, have had a potent effect on so many things: their sense of their intelligence, their social competence, their bearing in public spaces" (p. 244 -- 245). Scholars argue whether this is the implication of the alienation to students who form the mainstream population or just one of the effects of being drenched in a…...
Generally, it works by either giving a reward for an encouraged behavior, or taking something away for an undesirable behavior. y doing this, the patient often increases the good behaviors and uses the bad behaviors less often, although this conditioning may take awhile if the rewards and removals are not sufficient to entice the patient into doing better.
Existentialism is important to discuss here as well, and is often seen to be a very drastic way to examine human behavior. There are two types of existentialism. One is Atheistic Existentialism, and the other is Theistic Existentialism.
Atheistic existentialism has its basis in the statement that the entire cosmos is composed only of matter, and human beings see reality in two forms. Those forms are subjective and objective. People who believe in Atheistic Existentialism do not believe that anyone or anything specific made the world. They do not know whether it is…...
mlaBibliography
Adams, M.J., Treiman, R., & Pressley, M. (1998). Reading, writing, and literacy. In W. Damon (Ed.), Handbook of child psychology: Child psychology in practice, 4, 275-355. New York: Wiley.
Albertson, L., & Kagan, D. (1988). Dispositional stress, family environment, and class climate among college teachers. Journal of Research and Development in Education, 21(2), 55-61.
Amidon, E. (1980). Personal Teaching Style Questionnaire. Philadelphia: Temple University, College of Education.
Allison, Anne. (1996). Producing mothers. In Anne E. Imamura (Ed.), Re-imaging Japanese women (pp. 135-155). Berkeley: University of California Press.
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