...America has long been considered, “The American Melting Pot”, born on the ideas of differences. While America has long been rooted in this idea, it has not been easy for all groups of individuals to be accepted in America’s recent past. Like all differences, differences have the ability to be seen as a source of conflict, a source of achievement, or both. One of the main areas where acceptance has been a source of conflict in America’s past, has been individuals with disabilities. In the past, these individuals were seen as incapable of living normal day to day lives. Particularly, they were seen as incapable of having jobs or attending school like their peers. While disabled individuals have been a source of conflict in America’s past, the...
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...Legal Protection Provided against Disability Discrimination — Evaluation of the Appropriateness of the Disability Anti-discrimination Laws Name Institution Date Introduction The evolution of the world has been accompanied by a number of social developments. Some of these social developments have included equality policies, and as far as disability is concerned, this has been one of the critical areas of concern[1]. The concern has been extended in a number of areas, especially jurisprudence. The rationale is that people with disabilities have often been condemned to contend with discrimination, a social injustice. On the other hand, jurisprudence is as an avenue of guaranteeing justice for all. Various legal steps have been developed, including the formulation of laws. This paper seeks to examine the outright nature of these steps in taming disability discrimination. Disability anti-discrimination laws Central to the disability anti-discrimination legal steps are the legal stipulations underlying the Universal Declaration of Human Rights and bill of rights, which have often served as a framework for inequality policies. In particular, the universal Declaration of Human Rights is considered as a common standard for achieving social justice for all people across the world. What is well noticeable from all the articles in the Universal Declaration of Human Rights is the emphasis for treating every person...
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...Webster University Integrated Studies 6000 Title: Americans with Disabilities Act of 1990 (ADA) Submitted to Meet the Requirements of Integrated Studies 6000 Submitted by: Kirk L. Williams Jr. On Sunday, July 19, 2015 To Dr. Ronald J. Hunady Table of Contents Topics Page I. Introduction 3 II. Project Purpose 3 III. Project Methodology 3 IV. Body of the Paper 4 V. Conclusions 13 VI. References 14 I. Introduction I am a retired Army combat Veteran diagnosed with Post Traumatic Stress Disorder (PTSD). In addition, I am a survivor of Renal Cell Carcinoma commonly known as kidney cancer. Transitioning into the civilian sector made me curious about how civilians deal with American with disabilities. The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that protects employees with disabilities. The law prohibits employers from discriminating against individuals with physical and mental disabilities and the chronically ill. The Vocational Rehabilitation Act of 1973 was the first law to prohibit the discrimination of disabled in federally funded activities. This law did not protect the disabled under the Civil Rights Act of 1964. Therefore, in 1990 Congress passed the Americans with Disabilities Act to protect this class of citizens. II. Project Purpose To learn the applicable laws and protections afforded employees under the ADA. III. Project Methodology I will research the...
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...Terry-Haskell McDonald January 30, 2014 Capstone CheckPoint America educational system has a unique care for special education unlike many other countries. America supports the education for any special education student, and provides different services for those special students. One of the greatest strength that this country has is providing the proper education with students with any time of disabilities. For example, The Individuals with Disabilities Education Act (IDEA), which according to The National Dissemination Center for Children with Disabilities (2012) it was originally enacted by Congress in 1975. IDEA ensures that children with disabilities have an opportunity to receive a free public education. This act gives students with disabilities a chance to succeed in the classroom by providing them with special services. They are able to receive accommodations, services, plans, goals, special education, and more to help student’s education. Another important strength in American education is that regardless of color, race, religion, and even legal status children are able to receive free public education. America has a great strength of providing education to special need students, but it also has it weakness. One of those weaknesses I believe is that some schools may not have enough funding to provide the necessary services for those special education students. Classrooms size in America are increasing, services are being cut, and educators are disappearing...
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...If they can’t get to all the workstations they won’t get the full experience of the gym. Accessibility Recommendations LA Fitness is a very assessable building for disabled persons but there are some things that they can fix. 1. Spreading out the machines so it will be easier for people in wheel chairs to get around, and use all the machines. 2. They should have a phone replaced with a hearing aid compatible phone. 3. They should also place a planter or other cane detectable barrier on each side at floor level because the water fountain is undetectable by cane. Global Review of Disability and Accessibility Kenya introduced an Act in 2003 called the Persons with Disability act. This act is very similar to our Americans with Disability Act. Kenya only had rights for disabled people for eleven years, and the ADA has been effect for twenty five years. After looking through Kenya’s disability rights I noticed that there is a lot of influence from the United States. In Kenya all disabled persons can be exempted from paying taxes on all income...
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...and their outlooks on disability. Laster on you will see the comparisons between those two cultures and the American culture. I selected the Jamaican culture because it has always been a dream of mine to visit Jamaica. I selected Haiti because I am not well educated on their culture. In that Jamaican cultural concepts that influence disability originate from their religious beliefs that are related to Christianity and Afro- Christian sects. The beliefs that Jamaicans have majorly influence that way they look at disability. They believe that disability is a punishment for wrong doing. Even professionals and the educated middle class tend that a disability is a result of sin. The Jamaican people re firm believer sin the power of God who tells the difference between good and evil that happens in their daily lives. The people who partake in sin or commit a wrongful act will result in punishment. If this person partakes in these actions their off spring will result in negative effects, in their case a disability. ( Stone, 98) Families in Jamaica do not like it when the public knows that there is someone in the family has a disability. They do not want to be shamed upon. Some neighbors might know that the child has a disability, however they will not have direct contact with them or a close view of the child. People who believe that disabilities are a natural cause are often considered sophisticated in the Jamaican society. The believe that the disability is a medical mistake,...
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...laws in the United States of America afforded to all American’s, and does not allow for discrimination for disability, race, color, religion or any other reason. This website also offers information for the fair housing act from the start in 1973 and all the changes throughout the years. Also this website offers information on housing programs, rental programs, as well as community resources and every property search options. Americans with Disabilities Act (N.D.) Website: http://www.dol.gov/dol/topic/disability/ada.htm This website is the website for the United States department of labor and offers information on the Americans with Disabilities Act and a person with disabilities rights as a disabled person. As well as many other resources are available on this site including current wages, unemployment insurance and rights to all Americans with or without disabilities. Moody, A. (2012). Website: http://commons.trincoll.edu/edreform/2012/05/the-education-for-all-handicapped-children-act-a-faltering-step-towards-integration/ This website offers information from the 1800’s and the lack of support for children and all persons with disabilities. Also the steps and laws are spelled out throughout the website on reform for students with disabilities have changed. This website also explains the changes in financial abilities offered by the government to aid and help every student have the rights to learn like every other student in America. Social...
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...Education of Individuals with Disability Name: Institution: Education of Individuals with Disability History of Special Education In the early 18th century, people with disability were often ignored, obscured, or put to death. First efforts to provide education for disabled students were focused on students with sensory problems such as the deaf and blind. During the 19 and early 20th century, schools that were specialized in providing education to students with disability emerged in United States and Europe. The extremely published story of Helen Keller influenced the introduction of education for disabled people in America. In 1887, Anne Sullivan who was Helen’s teacher said that he will not give up in offering education to the deaf and the blind, and she succeeded in teaching a five year old Helen how to communicate (Ashbaker, 2011, p. 25). Prior to 1965, there were no free education services provided to students with serious disabilities. These students were barred from attending school. Most of the students with severe disabilities used to put up in institutions. Many students who had mild disabilities and were not in a position to complete high school without any help did not have any other alternative other than dropping out of school. To appreciate developments that have placed disabled students in normal learning classroom, it is important to understand the legislative history that led to this move. Back in 1954, there was a civil rights case that involving...
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...barriers have been set by employers and even by society. People with disabilities in America have a hard time finding jobs or careers due to these barriers. Through time these barriers have eased up a bit, but they are still there. U.S Department of Justice, (2002) believes During the Application process, it isn’t rare at all for an applicant with a disability to refuse to or evade putting their health risk down on the application due to the fear of the employer discriminating against them or taking adverse employment options. Employees with disabilities at a job often might still try and hide their health risk from other employees and from in fear of managers employers finding out. Resulting in the cutting of hours or even termination. Which on a side note Many Americans believe is very illegal to say the least. Many Americans find it very disrespectful for an employee to discriminate someone for something they can’t control. Many feel you shouldn’t judge a book by its cover. Gupta, V. (2015) In title I of the ADA (American Disability Act) it is made unlawful for an employer to put any questions asking about a disability or asking about the nature of a disability in their application, or to ask any of those questions during the application process or interview. (Para, 3). When the employer has decided to hire the applicant only then will it be lawful to ask the employee certain questions pertaining to a disability or the nature of such...
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...branched into various forms in the past and existing time periods. Individuals suffer losses and are jobless because of discrimination. Discrimination happens when an employee is treated unfavorably because of their race, skin color, gender, disability, religion, or age. There are four discrimination types that can be identified, they are disparate treatment, disparate impact, pattern or practice, and retaliation. Disparate treatment discrimination exists when individuals in similar situations are treated differently and when the differential treatment is based on the individual’s race, color, religion, sex, national origin, age, or disability status (Giffin, 2008). An employee with the same skills of other employees may not get to benefit like others because the victim may have a different religion, is an example of disparate treatment discrimination. If this employee tries to file a charge, they must prove that there was a discriminatory motive. Some companies can treat a member differently when bona fide occupational qualification exists for performing a particular job. Disparate impact discrimination is when an employment practice is neural and non-discriminatory in its intention but, disproportionately affects individuals having a disability or belonging to a particular group. An example of this discrimination is if the job requires a person to be strong or lift very heavy items, a woman or older persons may not be suitable for the job because of their lack of ability to perform...
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...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 win” (American Civil Liberties Union, 2008). Those that disapprove of the Affirmation Act say that this policy of offering support to ethnic minorities and women giving some runners an unfair head start in what would typically be a fair race. Opposite of that, are the people that encourage this act to assist “disabled” runners. However, “in [the] focus on the runners rather than the track,...
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... No one should be suffering from any type of discrimination, but they are. Discrimination is an unfair treatment of a person or group based on prejudice, therefore sex, disability, and age should be included in the suspect classifications of discrimination (“Discrimination”). Sex discrimination is the differential treatment based on sex (“Answer”). Traditionally in American culture higher value has been given to males, this is why sex discrimination is commonly found in the work place among women. Focus in a workplace where sex discrimination is prevalent; the choices are not made based on the ability of the person, but their gender. The reason why sex is a big issue for women in the workplace is because women are looked at as part of the household committee instead of in the economical world. Women are not seen as capable entities, but solely as “baby-makers”. This method of conducting business has deterred many women that are far more capable than the men who were given the job. Sex discrimination in the employment world is not a new issue, but one that stems from the past. The Fair Labor Standard Act of 1938 established a minimum wage for both men and women providing equality (“Answer”). Even though this act was passed, many women are still paid less than men for the same job. In 1963, the Equal Pay Act acknowledged women as workers and not just homemakers (“Answer”). Now in 2007, sex discrimination is still being done in some occupations, but they are making progress....
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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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...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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...believed in the importance of education and many were involved with the creation of public education in America. Today, education is still a priority to most people in America. The fact that it is such a priority has brought about changes in the role of our government in the education system. Although education was a priority to our founding fathers, it was not mentioned in the original constitution. It is not mentioned in the initial Bill of Rights, either. However, the 10th Amendment states that the powers not delegated to the federal government “are reserved to the States, respectively, or to the people.” (Edmund Sass, 2012) This meant that the responsibility for public schools belonged to the individual states and not to the federal government. This allowed the individual states to set up their school systems in the manner that worked best for them. The schools ran in this manner for many years. Of course, with the different belief systems of the people in the different states, there was a wide variety of education styles, as well as some issues including segregation and discrimination. This was widely accepted until the federal government stepped into the picture with the Rehabilitation Act of 1973 that guaranteed reasonable accommodations for people with disabilities. This included wheelchair ramps, bathroom designs and Braille on signs. The Rehabilitation Act was...
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