...Additionally, Section 504 also makes clear that imposing harsher sanctions than those that nondisabled students receive for the same misconduct are prohibited discrimination under. ( 34 CFR 104.4 (a); Marshall County (KY) Sch. Dist., 20 IDELR 556 (OCR 1993). Americans with Disabilities Act The ADA is another antidiscrimination law and applies to both public and private programs regardless of whether the entity accepts federal funds. The ADA specifies that students are entitled to protection from discrimination, including protection from retaliation and harassment on the basis of disability. Dear Colleague Letter, 58 IDELR 79 (OCR 2012). Specifically, the ADA provides that "no qualified individual with a disability shall, by reason of such...
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...Introduction The Americans With Disabilities Act (ADA) is a law that was enacted by the United States Congress in 1990. The law aims to prohibit discrimination against people with disabilities in the areas of transportation, communications, governmental activities, public accommodation, and employment (Retrieved from http://www.ada.gov/ada_intro.htm). Employers that have 15 or more employees are prohibited from discriminating against those with disabilities by Title I of the ADA (Retrieved from http://www.dol.gov/dol/topic/disability/employersresponsibilities.htm). The stipulations in employment related matters of the ADA have the following requirements: 1. Equal Opportunity in selecting, testing, and hiring qualified applicants with disabilities...
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...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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...Employment Opportunity Act of 1972 Opportunity Act of 1972 The Equal Employment Opportunity Act 1972 Introduction I. History a. Presidents i. Franklin D. Roosevelt ii. Harry S. Truman iii. John F. Kennedy b. The act prohibits II. Why the law was created c. Fair treatment III. Who the law benefits d. e. IV. Who the law affects f. g. V. Improvement h. Women i. People with disabilities j. lack of accountability k. negative attitudes VI. Case Studies l. McDonnell Douglas Corp vs. Percy Green m. Four factors n. Morton v Mancari History of the Law There were several different titles passed by different Presidents leading up to the Employment act of 1972. They are as followed in order: * In June 1941, the day before World War II, President Franklin D. Roosevelt signed Executive Order 8802 prohibiting government contractors from engaging in employment discrimination based on race, color, or national origin. * In July 1948, President Harry S. Truman orders the desegregation of the Armed Forces by Executive Order 9981. * In March 1961, President John F. Kennedy signs Executive Order 10925 prohibiting federal government contractors from discriminating because of race and establishing the President's Committee on Equal Employment Opportunity. * In June 1963, Congress passes the Equal Pay Act of 1963 (EPA) protecting...
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...Disability Discrimination In The Workplace Joe Walters University of Phoenix Dr. Casey Reason May 15, 2013 Introduction The prevalence of disability discrimination in today’s workforce is an important topic in any place of employment. Surveys have been conducted that reveal nearly twenty percent of employers believe that the most significant barriers that disabled people face in finding and securing employment are inaccurate stereotypes and negative attitudes (Roessler, et al., 2007). When individuals are not employed because of some disability, it denies the disabled worker the right to earn an income to provide for their needs as well as their families and it deprives individuals of contributing to society (McCary, 2005). McCary points out that 21 million Americans with disabilities is the largest minority population in the United States. 20 years after the American with Disabilities Act was signed into law, nearly 40 percent of working-age men and women with disabilities were unemployed (2005). As a response to the high rate of unemployment, in 1990 the American with Disabilities Act was passed (ADA) (Ledvinka, 2010). This paper focuses on the importance of disabled people in the workplace, the role that legislation has played to stop discrimination, and what can be done to prevent future discrimination. Court Cases and Legal Protection In 1973 Congress passed the Vocational Rehabilitation Act to regulate issues concerning disability...
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...The Americans with Disability Act (ADA) John Doe BUSI 526 October 1, 2011 The Americans with Disability Act (ADA) Introduction The Americans with Disabilities Act of 1990 (ADA) prohibits employers with 15 employees or more from discrimination on the basis of disability. The Act applies to all aspects of employment, including applications, hiring, training, discharge and compensation, among others (Dessler 2011). In 2008 the Act was amended creating the ADA Amendments Act of 2008. The amendment clarified the definition of disability and expanded coverage to impairments that limit routine life activities. Significantly, the amendment holds that adaptive aides and conditions that are in remission or are mitigated by medical therapy have no bearing on disability determination (USAB 2011). This paper will explore the origins of the ADA, its history, some of the controversies that surround it, new thinking about organizational theory and future trends. History of the ADA The ADA can be traced to the work of Frank and Lillian Galbreth, pioneers in organizational psychology and ergonomics. During the early 20th century this husband and wife team evaluated motion studies that were first done by Fredrick Taylor (Morgan 1998). The Galbreths went beyond Taylor’s work of simply examining techniques used by high performers and established training methods based on their findings. They used the cutting edge technology of motion pictures to examine how the human...
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...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 Brown...
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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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...Objectives: ➢ Students will learn key Human Resource practices as recruitment, selection, training, compensation, performance appraisals and laws that constrain these practices. ➢ Students will come to understand how these practices can be successfully developed and implemented in the context of today’s environment. ➢ Students will develop an understanding of HR importance to an organization and learn about the manager’s role in the HR process Course Requirements: 1. Please come to class prepared to discuss the chapter readings and present a thorough written brief on the assigned cases. Each case must be at least 1 full page in length (12“font). Case studies must be submitted at the beginning of each class. E-mail copies will not be accepted. These cases will be checked for content, grammar, use of examples and must answer the questions associated with each case. Strong emphasis in grading will be placed on individuality and originality. Questions concerning these papers may be presented to the instructor at any time. 2. Final Exam: Students are expected to choose a topic from the fourteen (14) that are listed in the syllabus. Each paper should be at least 10 pages in length and should follow the APA Style of writing (please see the attached examples). To avoid plagiarism, all papers should include in-text citations as well as a reference page. There are no limits to the number of citations used. Students must prepare a PowerPoint for the final presentation...
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...state and federal laws in place –including the American’s with Disabilities Act, there are polling places still not making the proper accommodations for people with disabilities. So you might wonder now, has anything been done to ensure all polling locations are updated to fit the needs of all people with disabilities? III. History The Voting Rights Act was passed in 1965 and is a federal law which prohibits voting discrimination based on color, race, or membership in a language minority group (http://legal-dictionary.thefreedictionary.com/Voting+Rights+Act+of+1965). The act prohibits the states and their political parties from imposing voting qualifications or perquisites from voting that deny them the right to vote. Furthermore, 40 years later and people with disabilities are still being discriminated against around the time of elections. Some people even question if individuals with disabilities are able to vote and understand what they are voting for. Studies have shown that people with disabilities are interested in government and public affairs (http://www.accessiblesociety.org/topics/voting/index.htm). The Americans with Disabilities Act came about in 1991, and has been revised several times since. The purpose of the document is to make sure the proper accommodations are made in public facilities to provide accessibility to people with disabilities. The Act also states that individuals with disabilities were “relegated to a position of political...
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...A Case Study Comparison of Charter and Traditional Schools in New Orleans Recovery School District: Selection Criteria and Service Provision for Students with Disabilities By Copyright 2008 Nikki L. Wolf B.S., Northwest Missouri State University, 1985 Submitted to the Department of Special Education and the Faculty of the Graduate School of the University of Kansas in partial fulfillment of the requirements for the degree of Doctor of Philosophy. Dissertation Committee: _____________________________ Chairperson _____________________________ ___________________________________ ___________________________________ ___________________________________ Dissertation defended: April 28, 2008 3336479 Copyright 2008 by Wolf, Nikki L. All rights reserved 2008 3336479 The Dissertation Committee for Nikki L. Wolf certifies that this is the approved version of the following dissertation: A Case Study Comparison of Charter and Traditional Schools in New Orleans Recovery School District: Selection Criteria and Service Provision for Students with Disabilities __________________________ Chairperson Date approved _________________ ii ABSTRACT In post-Katrina New Orleans, there is a growing concentration of charter schools. The Recovery School District (RSD) has oversight for the majority of these schools. To explore charges from community advocates that RSD charter schools restricted admission and provided inadequate services for students with disabilities...
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...ASAN AUTISTIC SELF ADVOCACY NETWORK POLICY BRIEF • MARCH 2013 Organ Transplantation and People with I/DD: A Review of Research, Policy and Next Steps Ari Ne’eman, Autistic Self Advocacy Network Steven Kapp, University of California, Los Angeles Caroline Narby, Autistic Self Advocacy Network Introduction Since organ transplantation was introduced as a viable treatment option, people with disabilities have faced significant barriers to accessing the life-saving procedure. The Rehabilitation Act of 1973 prohibited discrimination on the basis of disability by entities receiving federal funds, and the Americans with Disabilities Act of 1990 extended this protection more broadly across other areas of society. However, it has historically been difficult to enforce federal civil rights law within the area of medical decision-making. Due to the lack of medical knowledge on the part of the average patient or family member, people with I/DD often face little recourse when denied transplantation or even referral for consideration for such a procedure. In the last twenty years, some progress has been made on this issue, yet the need for further action on the part of activists and policymakers remains exceptionally clear. Background … it has historically been difficult to enforce federal civil rights law within the area of medical decision-making. People with I/DD and Organ Transplantation: A History of Discrimination In 1995, Sandra Jensen, a 34-year...
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...Homelessness in America Overview Homelessness in America is a particularly complex problem, vulnerable to changing political realities, demographic shifts, and seismic cultural events such as the ongoing wars in Iraq and Afghanistan. Researchers and policy advocates have debated nearly every facet of the phenomenon, from the number of homeless to the causal factors to solutions for homelessness (Hodges, 2010). Each year, more than 3 million people experience homelessness, including 1.3 million children. According to national studies, even more Americans are at risk of homelessness. The impact of homelessness on families and children is devastating. Millions of low-income American households pay more than 50 percent of their income on rent when estimates say the figure should be no more than 30 percent (Surveys/Studies/Stats, 2012). There are several situations that may lead to homelessness but some of the more common reasons are: a missed paycheck, a health emergency, or an unpaid bill. These will create a crisis, pushing people out of their homes and in to homelessness. Despite diverse causes, almost all forms of homelessness are tied to poverty (Karger & Stoesz, 2010). Although there are policies to govern the issue of homelessness, there is room for reform and amendments in the legislation. Definition The level of significance we ascribe to homelessness very much depends on how the term is defined. In conducting the first census of the homeless in 1933, sociologist...
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...LIT1 Task 310.1.5-02, 11, 13: Labor and Employment Law In the United States, several laws have been enacted to protect the rights of workers and provide guidelines to employers. The Family Medical Leave Act of 1993, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was enacted, many employees faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous...
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...complete these readings in a timely manner to be able to contribute to the discussion and answer questions during Virtual Classroom sessions. Students will also receive a series of “Inbox” assignments. These assignments will arrive by Blackboard’s email function (Inbox) and will pertain to an event that is going to affect your budget. You will have to make a decision as to how to incorporate this event into your budget document. Case Studies: ICMA Case Studies will be read, analyzed and discussed during Virtual Classroom sessions. Each student (with at least two partners) will be assigned one of these case studies to present to the class and to initiate and lead the discussion. Students will work in groups of 2 or 3 depending upon class enrollment. All students are expected to read each case study and participate in the discussion – you will be graded on your discussions as well as leading your case study. You will have Group Pages assigned within Blackboard that will enable you to have on-line discussions with your partners for your case study assignment. Exams: You will have three tests during the semester. The test will be given to you at the end of a Virtual Classroom discussion and you will have 1 hour and 15 minutes to complete and return to the professor. Late submissions will have points deducted from test grade. Academic Integrity “Academic integrity is expected of every East Carolina University student. Academically violating the Honor Code consists of...
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