...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 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 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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...Legal, Safety, and Regulatory Requirements Paper Alexis Shealey HCS/341 January 30, 2012 Matt Dennis Legal, Safety, and Regulatory Requirements Paper In this paper the writer will explain examination of legal, safety, and regulatory requirements on human resource process, explanation of why the student does or does not agree with this statement “Common sense and compassion in the workplace has been replaced by litigation”, and the focuses on employee-related regulations such as U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, The Americans with Disabilities Act of 1990, and Department of Homeland Security. The human resource department in every organization is responsible for ensuring that the organization follows all legal, safety, and regulatory requirements when dealing with the employees of the organization as well as 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...
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...Compassion for Immeasurable Sacrifices Module 4 Case Study ETH501: Business Ethics Compassion for Immeasurable Sacrifices Introduction The Americans with Disabilities Act Amendments Act Of 2008 (ADA), section 902.1, (b) defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of such individual. The U.S. Department of Veteran Affairs definition of a disabled veteran classifies an individual with a disability rate of 30 percent or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty. The coupling of the ADA with the U.S. Veteran’s definition makes for a very dire societal footing for the countries returning marred daughters and sons. The question is does the same government, for whom they made personal sacrifices, owe a qualified candidate from a Service Disabled Veteran-Owned Small Business (SDVOSB) any preferential treatment such as a government contract on a sole source bid. This paper will examine the utilitarian and deontological considerations of the government when employing sole source bid method to SDVOSBs and Affirmative Action’s set aside program. Background In order to honor American citizens who have made significant sacrifices while performing their duty by serving in a U.S. military branch, the U.S. Federal government has made provisions for SDVOSB for the purpose of aiding the wounded and disabled veterans of...
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...Affirmative Action Marlene S. Smith MGT/434 October 28, 2013 Thomas Affirmative Action Affirmative action is an action that was purposefully designed to provide full and equal opportunities for employment and education for women, minorities, and other individuals belonging to disadvantaged groups. This paper will assess the rudiments of Affirmative Action as it applies to public and private sector employers. The paper will also evaluate what employers are subject to affirmative action plans, what the plans require employers to do, and what happens if employers do not meet the objectives of the affirmative action plan. Affirmative action has been around for many years. Fullinwinder (2009), “Affirmative action means positive steps taken to increase the representation of women and minorities in the areas of employment, education, and business from which they have been historically excluded” (para. 1). When an employer uses preferential treatment to choose a candidate that the company should hire based on race, gender, or ethnicity affirmative action generates disagreement. Most individuals think issues that are mounted by affirmative action derive from the issue of race. Please remember that affirmative action does not apply to all employers. In fact affirmative action applies to organization or companies that employ 50 or more employees who have contracts with the federal government. These companies or organizations have to support the government with goods or services...
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... | | |School of Business | | |MGT/434 | | |Employment Law | Copyright © 2009, 2007, 2006, 2004 by University of Phoenix. All rights reserved. Course Description This course provides an overview of federal statutes and state-regulated areas that affect the personnel function. Among topics addressed are EEO and affirmative action, OSHA, ERISA, FMLA, and ADA; employee privacy issues (polygraph testing, drug and alcohol testing, employer searching and monitoring); and wrongful discharge. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: University policies: You must be logged into the student website to view this document. Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing...
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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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...Martinez Grand Canyon University Module 2 Homework 1) There are several processes involved in a wrongful discharge. This is a fairly new and quickly expanding area that involves litigation, and this is an area that employers would rather avoid. About 65%-70% of worker’s are thought to be employees at will which means that an employer may fire an employee at any time for any reason, as long as the reason is lawful (Kavaler & Spiegel, 2003, p. 57). In order to avoid litigation employers push for arbitration to assist in settling cases. State laws determine if arbitration is allowed (Kavaler & Spiegel, 2003, p. 58). The risk management director will explore whatever legal avenues available to prevent litigation. Employers must keep a paper trail for problem employees that way if an employee gets fired; it will be considered fair because there is documentation. This is a part of due process. To simplify due process, it basically means steps that have to be followed before an employee can be terminated. It is the job of human resources to ensure that each and every step is followed. In a court case the employee will most likely win if due process is not followed. Due process is coupled with progressive disciplinary procedures (Grand Canyon University). There is only one way of avoiding wrongful dismissal, it is to do the right thing. 2) Three diverse discrimination theories lie beneath the three kinds of employment discrimination. a) Individual Disparate Treatment- In this...
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...Regulations such as legal and social are necessary for organizations to control the existing workforce as well as future labor supplies within the workplace. The paper will attempt to discuss the effects that regulations have 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...
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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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...employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive Order 11246: prohibits every federal contractor and subcontractor from discriminating based on race, color, religion, sex, or national origin. 10. In Heart of Atlanta Motel v. U.S. (1964), did Congress exceed its powers under the Commerce Clause by enacting the provisions of the Civil Rights Act of 1964? No. When adopting the act, it had the power to do so granted by the Commerce Clause of...
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...Chapter 2: Equal Opportunity and the Law Multiple Choice 1. The _____ Amendment to the U.S. Constitution states, “no person shall be deprived of life, liberty, or property, without due process of the law.” a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (b; moderate; p. 30) 2. The _____ Amendment outlawed slavery, and courts have held that it bars racial discrimination. a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (d; moderate; p. 30) 3. In what year was the 13th Amendment to the U.S. Constitution ratified? a. 1776 b. 1791 c. 1808 d. 1865 e. 1868 (d; difficult; p. 30) 4. The _____ Amendment makes it illegal for any state to “make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.” a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (e; moderate; p. 30) 5. Which amendment is generally viewed as barring discrimination based on sex, national origin, or race? a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (e; moderate; p. 30) 6. The _____ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. a. Fifth Amendment b. Civil Rights Act of 1866 c. Title VII of the 1964 Civil...
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...(NSW) Fair Work Act 2009 (Cwlth) Industrial Arbitration (Female Rates) Amendment Act 1959 (NSW) Married Persons (Property and Torts) Act 1901 (NSW) Married Women’s Property Act 1893 (NSW) Sex Discrimination Act 1984 (Cwlth) Women’s Legal Status Act 1918 (NSW) Affirmative Action (Equal Opportunity for Women) Act 1986 (Cwlth) Intro: Women over the years has been known of their traditional roles as domestic carers being exposed to different kinds of discrimination and it has only been recently that laws and legislations have been put in place in order to protect women in Australia.Victimisation and discrimination denoted Women seen as property of men, unito caro Women during the 19th were seen as the property of men and unito caro, one entity, ‘one flesh’ with her husband Not allowed to enter contracts; Married Women’s Property Act 1893 (NSW) can own property and enter into contracts Married Persons (Property and Torts) Act 1901 (NSW); the right to sue and be sued is granted The eventual change in traditional gender roles was caused by gradual empowerment of women To be allowed to vote: Legal responses: Education : women discriminated against due to sex, women was not a ‘person’ e.g. In 1899, Miss Ada Evans completed her law degree and was discriminated against when she was to apply into the NSW Bar. The law during the time restricted the rights of a women, requiring special rights and privileges that can only be made through legislation. Women’s Legal Status...
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...Case Study: Pomodoro, Inc.: Food and Beverage industry. USA employment related Laws and Regulations which includes Anti- sexual harassment and a comprehensive interpretation of the laws as they apply to Pomodoro, Inc. Introduction: Pomodoro, Inc. will need to become familiarized with the employment laws and regulations that are governed by the United States Department of Labor and the United States Equal Employment Opportunity Commission. This paper will give a summary of each law or regulation. This position paper is going to brief the audience globally on the USA employment laws and regulations but not limited to Sexual harassment, Wage and Salary Legislation, Recruitment, Interviewing, Affirmative Action, Equal Employment and the ADA. This paper will go over the history of a few of the important acts that have been passed over the years to protect employees in the United States. It will also discuss the major protections that these acts provide and who are eligible for that protection. Now that the Pomodoro, Inc. is now a global business environment, the working individual overseas are relying on paid work, to make a living, and for the social and economic wellbeing of the community where they live, and encouraging more and more people, organizations, even nations to concern about the employment relationship. ('UK'). What is Employment Law and why is it important? Employment laws are put into place to protect employees from any mistreatment by their employers...
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