Americans With Disabilities Act
The case of the State College with the disabled student, who does not have access to the music building, is troubling. This is because the Administration has refused to make any kind of modifications to the structure in order to accommodate disabled persons. For this student, he must have someone physically carry him up and down the stairs to his classes. This is humiliating for him and has led to him not being able to focus on his education. After several attempts to have the school install ramps, they are continuing to claim that it is not cost effective. This is problematic, as it is showing how there are legal issues surrounding this case. To fully understand what is happening requires looking at: the facts, issues, legal concepts and conducting an analysis of these ideas. Together, these different elements will provide the greatest insights as to how…...
mlaReferences
ADA Accessibility Guidelines. (2012). Access Board. Retrieved from: http://www.access-board.gov/adaag/html/adaag.htm
ADA Questions and Answers. (2012). EEOC. Retrieved from: http://www.ada.gov/q&aeng02.htm
Americans with Disabilities Act. (2012). Find Law. Retrieved from: http://finduslaw.com/americans-disabilities-act-1990-ada-42-us-code-chapter-126
American ith Disabilities Act
The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990 as Public Law 101-336. However, the law didn't become effective until January 26, 1992. The ADA is federal legislation that opened up services and employment opportunities to the millions of Americans with disabilities. This law was written to help balance the reasonable accommodation of citizens' needs and the capacity of private and public entities to respond. It was put into place to get rid of illegal discrimination and level the playing field for disabled individuals.
In advocating rights for disabled people, many have worked to establish several important principles. One is that they be considered on the basis of individual merit, not on stereotyped assumptions about disabilities. Another is that society must make certain changes to enable the disabled to participate more easily in business and social activities such as providing wheelchair access to…...
mlaWorks Cited
Bretts, H. "Disabled." World Book Encyclopedia. 1994.
Carelli, R. (1999). "High Court will Review Law Shielding
Rights of Disabled." Associated Press. [Online] Available / st010905.html.http://www.oregonlive.com/news/99/01
Florida Division of Vocational Rehabilitation. Retrieved November 25, 2002, from: http://www.rehabworks.org/
Americans With Disabilities Act and Its Impact on Business
History of the Americans with Disabilities Act and its impact on business organizations today
American Disability Act (ADA) is one of the laws defined by the legislatives of the U.S. In order to provide a meaningful and optimistic impact for the people with disabilities. The Americans with Disabilities Act (ADA) provides all the individuals with the civil rights protections who confront with disabilities on the basis of race, sex, national origin, or religion (Miller & Jentz, 2007).
This means that according to the law, the segment of job market, transportation, public accommodations, state and local government services and every other field must provide equal opportunities for all the individuals with disabilities and must not reflect a discriminative conduct. Employers are prohibited to discriminate or have biased attitude against any individual with disabilities who is well qualified for the particular job or position. Moreover, the…...
mlaReferences
Miller, R.E. & Jentz, G.A. (2007). Business Law Today: The Essentials. 8th Edition. USA: Cengage Learning.
Stoll, P.T. & Schorkopf, F. (2006). WTO: World Economic Order, World Trade Law. Netherland: Martinus Nijhoff Publishers.
American's ith Disabilities Act
American's Disabilities Act
The Americans with Disabilities Act (ADA) of 1990 gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments (U.S. Department of Justice).
Background
The passage of Section 504 of the 1973 Rehabilitation Act marked a profound and historic shift in disability public policy. Section 504 banned discrimination on the basis of disability by recipients of federal funds. This legislation was modeled after previous laws which banned…...
mlaWorks Cited
DeLeire, Thomas. "The Unintended Consequences of the Americans with Disabiliites Act." Regulation Magizine, Vol. 23, No. 1. (2000, Spring) . 5 March 2012.
Mayerson, Arlene. "The History of the ADA: A Movement Perspective." Disability Rights Education & Defense Fund. (1992). 5 March 2012.
Sparks, Kevin. "Pros & Cons of ADA." eHow.com. 4 June 2011. 5 March 2012.
U.S. Department of Justice. "Americans with Disabilities Act." U.S. Department of Justice -- Civil Rights Division. 14 November 2008. 6 March 2012.
Americans With Disabilities Act Case Study
(1) If such a situation occurred in your workplace and you were the Director of Human Resources would you deem Karina disabled under the ADA? If so, what reasonable accommodations would you offer to her?
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities. An individual with a disability is reported as a person who:
(1) Has a physical or mental impairment that substantially limits one or more major life activities;
(2) Has a record of such an impairment; or (3) Is regarded as having such an impairment. ( )
An employee or applicant who is qualified with a disability is an individual who"…with or without reasonable accommodation, can perform the essential functions of the job in question." ( ) Reasonable accommodations are reported to include but not be limited to the following:
(1) Making existing facilities used by employees readily accessible to and usable by persons…...
mlaBibliography
Facts About the Americans with Disabilities Act (nd) The U.S. Equal Employment Opportunity Commission. Retrieved from: http://www.eeoc.gov/facts/fs-ada.html
Disability Resrouces: Americans with Disabilities Act (nd) Disability Reosurces. U.S. Department of Labor. Retrieved from: http://www.dol.gov/dol/topic/disability/ada.htm
Americans with Disabilities Act (ADA) was signed into law last July 26, 1990. As a bill, the ADA enjoyed strong support from then President George Bushy. It was overwhelmingly approved by both houses of Congress, garnering only six nay votes in the Senate and only 28 in the House of Representatives (Hudgins 1997).
Part of the reason why the ADA enjoyed strong bipartisan support was its focus on individual civil rights. hile previous laws have made it unlawful to discriminate against individuals on the basis of race, gender or religion, the ADA has made it illegal to discriminate against people based on their disability. Under the new law, a person's disability -- whether physical or mental -- should not be a basis for decisions regarding employment. Furthermore, people who have disabilities should also e allowed access to public places, like schools, theaters and shopping malls ("Disability and the Americans with Disabilities…...
mlaWorks Cited
Disability and the Americans with Disabilities Act." 2000. World of Health. Gale Group
Dollar General Settles EEOC Suit." 2003. Charlotte Observer. May 2. Newspaper Source Database.
High Court's ADA Ruling Leaves Some Accommodations Questions Unanswered." 2004. HRM Magazine. 49(1). January. EBSCO database.
Hudgins, Edward. 1997. "ADA Regulations Are Unreasonable and Ineffective." The Disabled. Brenda Stalcup, Ed. Current Controversies Series. Reproduced in Opposing Viewpoints Resource Center. Farmington Hills, Mich.: Gale Group
ADA
The Americans with Disabilities Act and The ehabilitation Act of 1973 requires all employers to make reasonable accommodations for employees with disabilities and does not specify the types of disabilities which are protected, leaving this decision up to the courts to decide when there is a dispute. Employers with more than 15 employees who will not suffer undue hardship from making such accommodations must abide by the ADA. "The ehabilitation Act also goes beyond providing legal protections. It provides for direct services to people with disabilities which help them to become qualified for employment" (Leuchovius 2014). I predict in the future that the range of disabilities will be expanded considerably, including a wider range of mental health conditions and unseen disabilities, versus those more obviously manifested in a physical way, such as veterans with PTSD.
Labor Unions
Labor unions are considerably more powerful in Europe. Germany, for example, has extremely strong trade…...
mlaReferences
Allen, F. (2011).How Germany builds twice as many cars as the U.S. while paying its workers twice as much. Forbes. Retrieved from:
Bigman, D. (2013). How General Motors was really saved. Forbes. Retrieved from:
Employment Law & ADA Discrimination
Though the breadth of Employment Law is extensive the common thread running through the field is that legal protections are provided to individuals in the American workforce whose opportunities cannot be preserved without legal recourse. Among the most vulnerable of groups are those individuals who are considered disabled.[footnoteRef:1] As such, this paper discusses both the evolution of the Americans with Disabilities Act of 1990 and the ADAAA of 2009[footnoteRef:2], and does so in the context of identifying future challenges in implementation due to technological advances in the workplace. The ADA and the ADAA are concerned with more broadly issues of accommodation including those outside of the workforce. This paper, however addresses the ADA of 1990 and the Amendments within the context of employment and employment discrimination litigation. This paper explores whether employer concessions and workplace modifications for qualified disabled employees will run into technological barriers or…...
mlaIII. Conclusion
The ADAAA has served to increase the pool of potential litigants in unemployment discrimination cases where the cause of action is violation of the ADA provisions. It has done so primarily by overturning Supreme Court cases such as Toyota and enacting sections which grant the EEOC greater regulatory authority. It remains to be seen whether Congress has actually succeeded in forcing the courts to take an expansive definition and approach to disability.
Lessons from the history of the first version of the ADA enacted in 1990 and its predecessor from the 1970s informs us that the true definition of the ADAA 2009 and its implication in the workforce at large and with respect to the role of technological advances will be hammered out in the court rooms across this country. Of particular note is the impact that legislation surrounding the definition of personhood and the nature of biological modifications will have on the definition of what constitutes a workplace accommodation. Will employers someday be required to alter their potential employees vis-a-vis the provision of biological and genetic enhancements? That much remains to be seen, what is clear is that the changes in the ADAAA were not sufficient to eliminate the ambiguity which will arise when the very nature of American workplaces and the genetic constitution of the worker are both altered.
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.
(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.
H Process
The well-known Americans with Disabilities Act (ADA), the EEOC, Department of Homeland Security and the Department of labor outline the various provisions that are formatted to ensure the people with disability, the minority groups, and every caliber of Americans have equal access to the employment opportunities. The laws and provision are meant to ensure the people with disability live a normal and comfortable life, there is a reduce discrimination in term of color, race, country of origin, religion or sex. The EEOC for instance ensures that the rule of law is followed in employment and no single organization uses the neutral laws to disadvantage a given group or individual.
The ADA is mandated to ensure the Americans living with disability enjoy equal employment opportunities, equal rights to access and enjoy State and Local Government Activities, easy access to public transport, access and equal utilization of public accommodations, fair housing, fair…...
mlaReferences
Edie Grace, (2010). Discrimination against the Disabled in the Workplace. Retrieved May 5,
2011 from http://www.ehow.com/about_6744403_discrimination-against-disabled-workplace.html
U.S. Department of Justice, (2006). A Guide to Disability Rights Laws. Retrieved May 5, 2011
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/
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
Certainly! Here are some potential essay topics related to social problems and programs addressing those issues:
1. The impact of homelessness on individuals and communities, and the effectiveness of government-funded programs such as Housing First in addressing this issue.
2. The challenges faced by individuals struggling with addiction, and the benefits of programs like Alcoholics Anonymous or Narcotics Anonymous in providing support and recovery resources.
3. The prevalence of food insecurity in low-income communities, and the role of government assistance programs like SNAP (Supplemental Nutrition Assistance Program) in ensuring access to adequate nutrition.
4. The mental health stigma in society, and the importance of....
Disabilities in Rural and Urban Areas: How Society Can Better Support Individuals with Disabilities
Individuals with disabilities face a unique set of challenges in both rural and urban areas. In rural areas, they may have difficulty accessing healthcare, education, and other essential services. In urban areas, they may face discrimination and prejudice, as well as barriers to employment and housing. However, there are a number of things that society can do to better support individuals with disabilities in both rural and urban areas.
Challenges Faced by Individuals with Disabilities in Rural Areas
Individuals with disabilities in rural areas often face significant challenges in....
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now