...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 ADA and Affirmation Action BSHS/422 12/22/2013 Critique of ADA and Affirmation Action Past failures and mistakes can make an individual stronger, wiser, and learning from such mistakes will avoid repeating them in the future. The same can be said for a nation. Past history is littered with wrong decisions and unfair bias toward individuals who deserved nothing less than equality. Which is why policies such as the Affirmative Action and The Americans with Disabilities Act are placed within our historic timeline to begin to the process of never having to repeat past wrongdoings. The Affirmative Action was introduced in the 1960s’ as a type of positive discrimination with the intention to combat “injustices caused by our nation's historic discrimination against people of color and women, and for leveling what has long been an uneven playing field” (American Civil Liberties Union, n.d.). Before this act was passed, ethnic minorities and women faced extreme barriers with higher education and employment. It was because of the recognition of the injustice toward these minority groups that began the fight to promote equality and encourage same opportunities as the more privileged population. Within my own research, the best description was that of a metaphor of a foot race. In the United States, the “American dream is framed as a race in which the swiftest runners...
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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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...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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...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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...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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...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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...Module 2 Homework Risk Management and Health Care Regulations Angie 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...
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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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...Creating a compensation plan Biotech must ensure that all laws and regulations pertain to them are being followed, since Biotech works for the government there are many laws that they must abide by such as; Title VII of the Civil Rights Act of 1964, American with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA) as well as Executive Order 11246. Amongst the following law that has a direct impact with the compensation plan of Biotech, Executive Order 11246, covers a broad array of regulation that is covered by OFCCP (Office of Federal Contract Compliance Programs). Under the Executive Order 11246, federal contractors such as Biotech, must subject to a compliance review to which an examiner to reviews their affirmative action program. The compliance review is an investigation that evaluates possible discrimination within Biotech if one exists. Biotech’s compensation plan must be outlined to the regulation of Executive Order 11246, by ensuring that all employees are free from discrimination. If a compensation plan is to be establish it should be aligned with Biotech’s affirmative action plan. The affirmative action plan of Biotech’s must have all the efforts to prevent the possibility of seclusion and discrimination on any employees (Office of Federal Contract Compliance Programs (OFCCP), www.DOL.gov/ofccp/ ). If a complaint is filled for violation of Executive Order 11246, Biotech and other...
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