...ADA and Affirmative Action America is suppose to be the land of the free but for years many of our citizens have been discriminated against on the basis of race, gender, or disability. The Americans with Disabilities Act (ADA) of 1900 and Affirmative Action Acts are two ways our country has taken a stand against discrimination against minorities and those with disabilities. While both of these Acts were created to help ensure that each citizen receives equal and fair treatment they both have their share of controversy surrounding them. This writing will examine both ADA and Affirmative Action for both the positives and negatives that are attached to each Act. After years of disabilities rights groups lobbying congress, the Americans with Disabilities Act was signed into law on Jun 1990 by President George Bush. The ADA was designed to eliminate discrimination against those with mental or physical disabilities in regards to employment, telecommunications, transportation, and public services and accommodations. This law is to help ensure that all American people, regardless of physical or mental disability, has a fair shot at employment and other public services. The ADA requires that any business that employs 15 or more employees must make efforts to provide reasonable accommodations such as safe and accessible work environments, readers for those employees who can not see, allowing for adjustments in the employees schedule to accommodate appointments related to their disability...
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...Critique of ADA and Affirmative Action To critique the Americans with Disability Act (ADA) and Affirmative Action, it is imperative that one knows that the Americans with Disabilities Act is a law and Affirmative Action is a policy. The Americans with Disability Act is a law that prohibits discrimination against people with disabilities in employment, public transportation, public accommodation, communication, and in governmental activities. Affirmative Action is a policy (regulation depends on the state) that is designed to provide equal opportunity (such as employment, education, and other endeavors) to groups that are discriminated and/or minorities (race/color, religion/beliefs/creed, gender, sexual orientation, and/or national origin). Within the ADA and Affirmative Action, there are pros and cons that exist. Pros of the American Disability Act The Americans with Disability Act has helped protect the civil rights of persons with disabilities. The passing of this law has helped many disabled individuals receive recompense for the discrimination that they faced. In 1997, Wal-Mart was found guilty of discrimination by refusing to hire an individual based on the fact that he was in a wheelchair. As part of its evidence, Equal Employment Opportunity Commission introduced a videotape showing the charging party performing many physically challenging activities during his daily life (EEOC, 2012). As a result, he was granted $225,000 which consisted of back pay, compensatory...
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...ADA and Affirmative Action Critique The purpose of this paper is to examine the positives and negatives of the American’s with Disabilities’ Act (ADA), and Affirmative Action. The impact of the ADA and Affirmative Action will be discussed as to how it relates to those American’s living with disabilities. This paper will also examine how the American’s with Disabilities’ Act and Affirmative Action may impact companies adhering to certain regulations, as well as the costs. This paper will also give my personal views pertaining to the ADA and Affirmative Action. Affirmative Action Affirmative Action is a valuable government policy in which “organizations will seek to overcome the effects of past discrimination against groups such as women and minorities, disabled persons, and veterans,” (The Universtity Of Iowa, 2004, p. 1). John F. Kennedy was one of the first users of the phrase “affirmative action” when he used it in his Executive Order 10925. This basically stated that companies were to hire applicants of all backgrounds, those with disabilities, and that these employees were to be treated just like everyone else. American’s With Disabilities’ Act It was in 1990 that the American’s With Disabilities Act was signed by President George Bush. The reasoning for the ADA was “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,” (Atkinson, 2004, p. 42). Persons with disabilities were often...
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...Critique of ADA and Affirmative Action Diane Beleau Cultural Diversity and Special Populations/BSHS422 15 April 2013 Shonette “Shirley” Wilson In this paper I will discuss the Americans with Disabilities Act, which was established to assist individuals with Disabilities from being discriminated against, and Affirmative Action, whose policies were implemented to have fair treatment of all races, color, religions, or national origins. The Stanford Encyclopaedia states, “Affirmative action” means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. When those steps involve preferential selection—selection on the basis of race, gender, or ethnicity—affirmative action generates intense controversy” (Fullinwider, 2011). In 1972, affirmative action became an inflammatory public issue. True enough, the Civil Rights Act of 1964 already had made something called “affirmative action” a remedy federal courts could impose on violators of the Act. Likewise, after 1965 federal contractors had been subject to President Lyndon Johnson’s Executive Order 11246, requiring them to take “affirmative action” to make sure they were not discriminating. But what did this 1965 mandate amount to? The Executive Order assigned to the Secretary of Labor the job of specifying rules of implementation. In the meantime, as the federal courts were enforcing the Civil Rights Act against discriminating...
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...Critique of ADA and Affirmative Action BSHS/422 Critique of ADA and Affirmative Action Paper Discrimination in the workplace has been an issue for as long as I can remember. Although the Civil Rights Act of 1964 forbids employers from discriminating against individuals because of their race, sex, age, and/or disability, many employers still exhibited this type of behavior during the hiring process. President Lyndon B. Johnson enacted an executive order that required government employers to not use hiring practices that exhibited discrimination in 1965. The American Disabilities Act (ADA) was put into place years later to protect those with disabilities. All of these were efforts to promote equality in the workplace, among other places; although the laws may protect certain individuals from discrimination, others may be discriminated against as a result. The paper’s intent is to provide insight regarding my feelings towards the American Disabilities Act (ADA) and Affirmative Action. What is sometimes meant for good can also result in something bad. American Disabilities Act (ADA) President George H.W. Bush signed the American Disabilities Act (also referred to as ADA) in 1990. The ADA intended purpose was to protect those with disabilities from discrimination in transportation, employment, communication, and different cultural opportunities. Under this law, employers are forbid to discriminate in many different areas such as hiring, lay-offs, and job assignments because...
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...ADA and Affirmative Action The United States of America is a culturally diverse place. There are people from all over the world living in here. There are people from different cultures, people with different religious and moral standards and beliefs, and people from different races and of different ethnicities. There are also people living amongst us that face special circumstances such as being physically or mentally disabled, challenged by a chronic illness or even sexual orientation. Throughout history there have been cases where people have been discriminated against, ostracized and excluded based solely on their race, culture, religion, or disabilities. The American Disabilities Act and Affirmative Action are examples of two separate laws that were put into place to protect these people, and in turn offering these people equal opportunities. The American Disabilities Act or ADA was put into place initially in 1990 by President George W. Bush. The ADA is a civil rights law that protects people with disabilities. The ADA describes a person with a disability as follows: “An individual with a disability is a person who -- has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such an impairment” (U.S. Department of Justice, American Disabilities Act, 2012). Specific illnesses covered are epilepsy, muscular dystrophy, heart disease, mental retardation, cancer, and diabetes. Specific learning, speech and hearing...
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...ADA and Affirmative Action 1 Affirmative Action and the A.D.A.: Equality Or Patronizing Hector H. Estrada, II University of Phoenix BSHS 421: Cultural Diversity and Special Populations Group SB07BHS02 Bridgette Hernandez, MSW September 17, 2008 ADA and Affirmative Action 2 There has been discrimination in our society for centuries and as a result many with disabilities or those of color were passed over for employment and not given a fair opportunity due to physical appearance. Fortunately there was the executive order to pass affirmative action which guaranteed the hiring of those of color. However many feel that it is a “quota” system that gives jobs to under qualified minorities over qualified Caucasians. This undertone of resentment and judgment has lead to the repeal of the law in California particularly with the University of California system. But does it really benefit those of color to have affirmative action when many employers felt that they only need to hire the minimum number of minorities and still denying many qualified ones. On the same token the American Disabilities Act was passed to guarantee fair hiring of those with physical and mental disabilities due to many years of gross neglect in hiring practices by employers. This too, like affirmative action, assured the hiring of disabled individuals who were more than qualified for positions but were passed over due to physical or mental limitations. This was a positive change from the past...
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...Critique of the Americans with Disabilities Act and Affirmative Action Amaris Joy, Yahoo Contributor Network Jul 11, 2011 "Share your voice on Yahoo websites. Start Here." * ------------------------------------------------- More: * ------------------------------------------------- Americans with Disabilities Act * ------------------------------------------------- Americans with Disabilities Flag Close Post a comment Incidents of discrimination and matters of civil liberties often instigate changes in laws, statutes, and public policies. This paper will address the history of the American with Disabilities Act and Affirmative Action along with the pros and cons associated with each act. Americans with Disabilities Act The Americans with Disabilities Act (ADA) was passed into law in 1990 and prohibits employers and universities from discriminating against individuals with disabilities. The act also requires institutions to make reasonable accommodations at the request of the disabled employee or student. Requests that place "undue hardship" on institutions are exempt from the law; institutions are not legally required to comply. The law states that individuals must inform the institution of all possible means of accommodation; the institution may choose the most convenient and financially feasible option (The U.S. Equal, 2008). Pros of Americans with Disabilities Act The ADA permits disabled individuals to receive an education and obtain employment thereby...
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...the organization serves. Throughout the process a main priority law are intended to bring harmonious working relationships between parties at the workplace. Human resource experts and managers have implemented strategies to comply with the federal regulations to supervise employee health and safety in the workplace. Laws and regulations at the federal, state, and local levels show companies conduct staffing. Three sensitive areas of legal concerns that managers must comply with are equal opportunity, affirmative action, and sexual harassment. Individual are protected from illegal discrimination which occur when people who share a certain characteristic such as race, age, and gender. The main purpose of the laws is to ensure that everyone has an equal opportunity of getting a job or being promoted. While EEO laws aims to ensure equal treatment at work, affirmative action requires the employer to make an extra effort to hire and promote people who belong to a group. Affirmative action’s includes taking specific...
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... Help Wanted Ads Selection Standards Educational Requirements Tests Preference to Relatives Height, Weight, and Physical Characteristics Arrest Records Application Forms Discharge Due to Garnishment Sample Discriminatory Promotion, Transfer, & Layoff Practices Personal Appearance Regulations and Title VII The EEOC Enforcement Process Voluntary Mediation Mandatory Arbitration of Discrimination Claims Diversity Management Potential Threats to Diversity Some Diversity Benefits Managing Diversity Implementing the Affirmative Action Program Reverse Discrimination In Brief: This chapter gives a history of equal opportunity legislation, outlines defenses against discrimination allegations, gives examples of discriminatory practices, describes the EEOC enforcement process, and suggests proactive programs. Interesting Issues: Affirmative action...
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...women performing the same job in the same organization. Title VII of the Civil Rights Act of 1964 prohibits employers from basing employment decisions on a person’s race, color, religion, sex, or national origin. It has amended or interpreted to prohibit discrimination based on pregnancy and sexual harassment. Most recently, it has been amended by the Civil Rights Act of 1991, which places the burden of proof in a discrimination case squarely on the defendant, prohibits the use of quotas, and allows for punitive and compensatory damages as well as jury trials. Executive order 11246 prohibits discrimination against the same categories of people that Title VII protects, but also requires that government agencies and contractors take affirmative action to promote the employment of persons in protected cases. Age discrimination in Employment Act of 1967 prohibits discrimination against employees who are 40 years old or older. Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities who can perform the essential functions of a job with or without reasonable accommodation. The...
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...on the processes within the human resources department when relating to rationale and compassion within the workplace being replaced by litigation. The Civil Rights Act of 1964 is a law that was put into effect to protect individuals from being discriminated against during hiring processes. The Civil Rights Act has three sections which include equal opportunity, affirmative action, and sexual harassment (Cliff Notes, 2011). These three sections have an impact on the human resources department and it is important that human resources managers comply with these laws. The Equal Employment Opportunity (EEO) laws protect individuals from being discriminated against based on their age, gender, or race. Equal Employment Opportunity regulations help ensure that all individuals are given an equal opportunity when applying for a job or when individuals are considering working towards a promotion. Affirmative action requires that employers put forth additional effort to select and promote individuals who belong to a protected group. Eliminating the effects of prior discrimination is also considered to be an affirmative action. The Equal Employment Opportunity law was put into effect by the commission and enforces the most important labor laws in the United States. Separately from the Civil Rights Act of 1964, the Equal Employment Opportunity commission manages the compliance with the Civil Rights Act of...
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...Affirmative action is a practice that is intended to promote opportunities for the “protected class” which includes minorities, woman, and people with disabilities or any disadvantaged group for that matter. With affirmative action in place people of this protected class are given an even playing field in terms of hiring, promotion, as well as compensation. Historically, affirmative action is only known to have protected African Americans and woman; however that is not the case. Affirmative action protects a variety of people and without this statute many people included in this protected class would be unfairly discriminated against. There are many reasons why affirmative action should continue to be a part of workplace such as: • Fosters diversity. • Educates our workforce on diversity. • Equips employees to achieve their highest contribution to the mission. • Challenges employees to make their maximum contribution to the mission. • Encourages employees to offer differing views and suggestions toward achieving organizational goals. • Respects and appreciates individual differences. • Provides equitable treatment and opportunities. • Creates and maintains an inclusive approach to all systems, policies, and practices (i.e., promotions, performance ratings, awards, training, assignments, and access to services). • Facilitates culture change to support wider diversity. People who are opposed to affirmative action often argue that it gives an unfair advantage to...
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...Affirmative Action In America University of Phoenix, Axia College Affirmative Action In America Martin Luther King, Jr. once said, “Injustice anywhere is a threat to justice everywhere.” This statement will always ring true especially on the subject of equal opportunity employment and Affirmative Action. While Affirmative Action seemed to be a hot topic in the past, it is still one that should continue to be addressed. Affirmative Action is needed in the American workplace to improve morale and create equity among all Americans. The history of Affirmative Action (AA) is a long one. The first federal law passed was The Civil Rights Act of 1964. This law started the term, “Equal Opportunity Employment” and the Equal Employment Opportunity Commission. The first legislation to pass was Executive Order number 11246 on September 24, 1965 (Aberson & Haag, 2003). This essentially stated that employers needed to take affirmative action to ensure no one was discriminated against for their race, religion, color, or country of origin. In more recent years, employers have added sexual orientation, abilities, and ethnicity to their list of nondiscrimination. Unfortunately, during these times white men were not always accepting of women and minorities in the workplace. Women who joined the workplace in the 1960s and 1970s were expected to do chores for the men in the workplace. They would also be sexually harassed and abused by their male coworkers...
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...Organizational Behavior – Diversity Issues (Chapter Three) Study Guide Specific Diversity Issues 1. Gender Diversity in the Workplace 2. Race Diversity in the Workplace 3.Age Diversity in the Workplace 4.Religious Diversity in the Workplace 5.Employees with Disabilities in the Workplace 6. Sexual Orientation Diversity in the Workplace Gender Diversity in the Workplace The Equal Pay Act (1963) prohibits discrimination in pay based on gender. Title VII of the Civil Rights Act (1964) prohibits discrimination in all employment-related decisions based on gender Earnings Gap The median earnings of women who worked full time in 2008 was 79% of men working full time. One explanation is that women are more likely to have gaps in their résumés because they are more likely to take time off to have children Race Diversity in the Workplace Title VII of the Civil Rights Act (1964) prohibits race discrimination in all employment-related decisions. Yet race discrimination still exists in organizations Age Diversity in the Workplace Despite their positive workplace behaviors, employees who are older often have to deal with age-related stereotypes at work. For example, a review of a large number of studies showed that those between 17 and 29 years of age tend to rate older employees more negatively, while younger employees were viewed as more qualified and having higher potential (age discrimination is prohibited by the Age Discrimination in Employment Act of 1967) Religious...
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