...The Americans With Disabilities Act The Americans with Disabilities Act (ADA) The rights of handicapped persons to enjoy equal employment opportunities were established on the federal level with the enactment of the “Rehabilitation Act of 1973” (29 U.S.C. 701-794). Although “not designed specifically as an employment discrimination measure but rather as a comprehensive plan to meet many of the needs of the handicapped” (Twomey, 2001, p.540). The Rehabilitation Act provided three sections (sections 501,503,504) that prevented discrimination in employment. Section 501 was applicable to the federal government itself. Section 503, applied to federal contractors. Finally, section 504 applied to the recipients of federal funds. On Tuesday, the 23rd of January 1990, a “clear and comprehensive prohibition of discrimination on the bases of disability” was established by the One Hundred First Congress of the United States of America in its second session (D.O.L, 2003). The Americans with Disabilities Act (ADA) of 1990, which is estimated to cover over, 43 million Americans with disabilities, went into full effect in January of 1992. Considered a “Bill of Rights for Americans with a wide variety of disabilities” the act applies to employment, public accommodations, transportation, telecommunications, State and the federal government (Holley, Jennings, Wolters, 2001, p. 424). The passage of the ADA “expanded the scope and impact of laws and regulations” on...
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...embraced by the Japanese, and is it any surprise given the importance they’ve placed on living in harmony? Doesn’t it mean that individuals of all forms would be accepted in Japan? Observations of how Japan’s disabled citizens are treated, suggest otherwise. The cultures of Japan and United States differ, yet there exists some similarities in the struggles that each country’s disabled citizens endure. However, by looking beneath the surface and observing the motives and causes of those struggles, it will become clear that Japan’s beloved value of harmony has worked against the favor of the disabled, excluding them and making them enemies of “Wa”. Japan’s disability laws, it’s language and attitudes, and the inaccessibility of normal life all work together to alienate the disabled. The Rights of Persons with Disabilities (CRPD), requires “state parties to forbid...
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...Associate Program Material Aging and Disability Worksheet Part I Identify 2 or 3 issues faced by the aging population. 1. Health Issues 2. Income and Economic Welfare 3. Neglect and Abuse Answer the following questions in 100 to 200 words each. Provide citations for all the sources you use. • What is ageism? How does ageism influence the presence of diversity in society? Ageism is a form of discrimination and prejudice, particularly experienced by seniors. Most seniors are mentally and physically active regardless of age with a great deal to contribute. http://www.alfa.org/alfa/Ageism.asp Ageism influences the presence of diversity because those who are affected by ageism within their career may lose their job due to newer, younger, cheaper people coming into the workplace to take over their current position. Which may leave those who are older without proper insurance to take care of their aging bodies which could result in earlier deaths and a lack of diversity in the world. Also when the younger generation takes over positions in the workplace that workplace will have a lack of diversity as well. http://www.studymode.com/essays/Eth125-R8-Disability-Diversity-1534126.html • What is the Age Discriminitation in Employment Act (ADEA)? How does the ADEA address issues for the aging population? The Age Discrimination in Employment Act (ADEA) of 1967, as amended, seeks to address the long standing problem of age discrimination in the...
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...Cold Mountain Cold Mountain, a novel wrote by Charles Frazier, is a Civil War story, a magnificent love story between a wounded Confederate soldier – Inman who deserts and begins a lonely, dangerous journey to find the way back home, and his lover – Ada who tries to survive after her father’s death. The Cold Mountain is the destination Inman wants to arrive at, and a place where Ada transform from a city girl into a mountain woman. The story is woven around the experiences of Inman and Ada trying to rebuild their lives from the desperation and disaster of the war, all the while trying to find a way to see each other again--whilst they are so far apart. Cold Mountain opens with Inman staying in a Virginia hospital trying to recover his wound from the war. One day he speaks to a blind man he usually saw through the window of the hospital’s room. When the blind man asks Inman to “cite me one instance where you wished you were blind,” Inman doesn’t know where to begin. There are many like: Malvern Hill, Sharpsburg, Petersburg, but “Fredericksburg was a day particularly lodged in his mind.” At that time, he wishes that he himself had been blind at Fredericksburg when his regiment shot down thousands of Federal troops. He wishes that there is no war that takes many lives of soldiers, partitions families and makes him shatter by the violence he has witnessed while fighting in the Confederate army. Inman returns to the ward and opens his copy of Bartram’s Travels at random. He finds...
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...Communications. This was the largest local phone company is the United States. Verizon has more than 260,000 employees working for them at many locations thought different states Verizon was dealing with a couple of challenges after the Telecommunications Act was passed in 1996 they saw themselves fighting for the same customers as other services which were offer to consolidate phone, video wireless and internet for one low price. They were also dealing with high turnovers with percentages in the top 20 range. They needed to find out why there employees were not happy and how to keep their customers as well. Verizon then decided they needed to form a HR department. 2. Describe the major legal concerns of the organization and recommend how those concerns should be addressed. Several of Verizon branches have been accused of violating the Americans with Disabilities Act (ADA) by refusing to make exceptions to its “no fault” attendance plans to accommodate employees with disabilities. Under the attendance policy, employees could be disciplined up to termination for exceeding a set number of “chargeable absences.” Verizon failed to make adjustments to their policies to accommodate the employees with disabilities that had to miss work because of...
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...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 impairments are also covered. The act is most known for changing the standards in the way public places are accessed. For example, prior to the ADA buildings were not all required to have a wheelchair ramp. This meant a person in a wheelchair might not have been able to access this particular public establishment. The ADA made it law to “Provide...
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...or the Law? Abstract This paper will cover various accommodations at the work place and explain how the Americans with Disabilities Act (ADA) relates to this. It will analyze each listed disability and evaluate whether the accommodation would be ethical or legal. Ethical Accommodation Decisions Decisions in business occur every day. Some large and some small, some may be very valuable and others rather meaningless. Some decisions have to be made that have an effect on workers with disabilities. In many cases the Americans with Disabilities Act lays out some guidance. On July 26, 1990 the Americans with Disabilities Act (ADA) was officially signed in Congress and modified with updated in June 2008.. That was not the beginning of the movement for disabled employees and parents with disabled children to challenge barriers in society. People started challenging various obstacles on a case by case basis well before the official signing in 1990. They challenged various organizations by petitions and marches. Eventually the ADA was signed and Americans with disabilities are recognized as a society. It is every manager’s duty to manage employee performance, but when there is a disability that hinders that, how do we act? According to the ADA employers have certain legal responsibilities to an employee with a disability. ADA defines a disability as “an individual who has a physical or mental impairment that substantially limits one or more major life...
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...Americans with Disabilities Act 1990 The American Disabilities Act of 1990 is “one of the farthest-reaching acts concerning the management of human resources.” (Noe) The act extends to the disabled protections against discrimination similar to those provided to individuals on the basis of race, color, sex, national origin, and religion by the Civil Rights Act of 1964. The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. People with disabilities represent a talent pool that too often goes under- utilized. ”People with disabilities experience discrimination because of negative attitudes regarding their ability to perform work and because of physical barriers imposed by organizational facilities.” (Bohlander) Barriers placed on them undermine their efforts to get an education, find a job, and become a productive member of society. By breaking down some of these barriers the ADA benefits society by enabling it to take advantage of the skills, talents, and purchasing power of this often under-utilized pool of talent. Discrimination against the disabled was first prohibited in federally funded activities by the Vocational Rehabilitation Act of 1973. This act required private employers with federal contracts over $2500 to take affirmative action to hire individuals with mental or physical disabilities. However the disabled were not listed among...
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...population and aging workforce, some people think that if they ask for a reasonable accommodation that there may be retaliation from fellow co-workers or management. Reasonable accommodation may include but not limited to: ergonomic equipment and leave options. Our body does not advance and change as technology does but there is equipment out there that can make it easier to function. These available resources do come at a price and to determine who pays for the equipment to help employees with their disabilities can be difficult. Americans with Disabilities Act (ADA) In the past several years, laws have changes vastly to adjust to the changing times. The American with Disabilities Act (ADA) is a federal civil rights law that has helped people with disabilities from being discriminated against (ADA-Guide for Small Business, 2012). According to Akin and Gump, Title I of the Americans with Disabilities Act (ADA) helps to protect qualified individuals with disabilities from discrimination...
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...Rocky v. Columbia Lawnwood Regional Medical Center, 54 F. Supp. 2d 1159 (S.D. Fla. 1999). Facts: Plaintiff, a hospital employee with a disabled son, was fired for excessive tardiness, absenteeism, and other performance-related reasons. The employee alleged her absence from work was to care for her disabled son, and that she was fired in violation of the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). On motion for summary judgment, the district court found in favor of the employer. Issues: 1. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the FMLA. 2. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the associational disability provisions of the ADA. Holding: 1. The employee was not terminated because she had a disabled family member, but rather because she was unable to regularly and reliably attend work. 2. Employers are not required to make reasonable accommodations for the family member of a disabled person under the ADA . Thus, the individual claiming protection of the ADA must be able to perform the essential...
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...Running Head: Americans with Disabilities Act of 1990 1 Americans with Disabilities Act of 1990 Gary L. Spaulding Indiana Wesleyan University Professional Communication Conrad Davies July 9, 2012 Running Head: Americans with Disabilities Act of 1990 2 Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 (ADA) was signed into law by President George H.W. Bush on July 26, 1990. The law was enacted to keep people from being discriminated against for having a physical or mental disability. One thing that I didn’t know about the law was that it requires public schools to treat students with disabilities equally to other students. The law requires public schools to provide as nonrestrictive a setting as possible to students with disabilities and ensure that these students are able to have access to the same activities, services, and areas as other students. Public schools are required to install ramps, lifts for wheel chair users, disabled toilets, and automatic doors which will allow students with disabilities into all areas of the school. The ADA puts an extreme interest on equal services for disabled students. The act states, “No otherwise qualified individual with a disability in the United States.. shall, solely by reason of her or his disability, be excluded from the participation in, be...
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...employees are met and that they are working in a safe environment. Litigation has taken the place of common sense and compassion within organizations over the past years. Litigation has become a main priority and the Department of Labor, Equal Employment Opportunity Commission, the Americans with Disabilities Act of 1990 and also the Department of Homeland Security all have been regulating this. Although some may disagree that litigation has created a more structured work environment, there are a lot that would say it has. Litigation has balanced out the differences in the workplace. U.S. Equal Employment Opportunity Commission There once was a time when common sense and compassion were used to decide what to do with issues, but now that there are laws put in place to ensure that legal, safety, and regulatory requirements are obeyed there are less issues. The U.S. Equal Employment Opportunity Commission (EEOC) is one of those regulations. The U.S. Equal Employment Opportunity Commission enforces federal laws which make it illegal for any organization to discriminate against someone applying for the position or someone who is already an employee for reasons like their race, gender, color of skin, age, disability, or religion. (U.S. Equal Employment Opportunity Commission, 2011) This also ensures that a person who is claiming that they were discriminated against is not discriminated for that. These laws are applied to any type of work situations, like harassments,...
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...Hiring Without Limits At IBM, disabled workers contribute millions to the bottom line, and provide a crucial point of view for a company that makes and sells technology for people with disabilities. "We consider diversity strategic to our organization," says Jim Sinocchi, director of diversity communications or IBM, who is a paraplegic. "We don't hire people who are disabled just because it's a nice thing to do. We do it because it's the right thing to do from a business standpoint." By Joe Mullich [pic] t the IBM Research Center in Yorktown Heights, New York, scientists develop specialized technology that is the lifeblood of the company’s future products--and profits. The center depends on a constant influx of high-level talent, from computer programmers working on speech-recognition products to engineers fabricating semiconductor devices. Ironically, amid all this high-tech gadgetry, some of the hardest jobs to fill have the ring of rust-belt manufacturing. Like most firms, Big Blue has trouble finding enough precision machinists who operate lathes and milling equipment. "It’s a dying art," says Bill Strachan, the center’s program director for technical recruiting. "Most of the precision machinists that are available are highly skilled members of the aging workforce, so we have to look for new sources." That search for new sources took the company to an unexpected place: the National Technical Institute for the Deaf. The world’s largest technological college for...
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...Harkin of Iowa introduced the Technology-Related Assistance for Individuals with Disabilities Act of 1988. On August 19, 1988, President Reagan signed the Act and it became law, Public Law 100-407. The support for the legislation was very strong. People with disabilities, their families and advocates and those who direct or provide services to those with disabilities emphasized to Congress the importance of technology and support services in technology for people with disabilities.Access to information technology is critical in employment and education for people who are blind. The Telecommunications Act of 1996, a comprehensive law overhauling regulation of the telecommunications industry, recognizes the importance of access to telecommunications for people with disabilities in the Information Age. Section 255 of the Act requires telecommunications products and services to be accessible to people with disabilities. This must be easily accomplishable, without much difficulty or expense. If manufacturers cannot make their products accessible then they must design products to be compatible with adaptive equipment used by people with disabilities, where readily achievable. The Federal Communications Commission (FCC) released Sept. 29 new rules that are designed to give greater access to telecommunications technologies to the disabled. The rules and policies, serving to implement the Telecommunications Act of 1996, will require manufacturers of telecommunications equipment and providers...
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...hazard • Discuss ways to bring the establishment up to code by OSHA guidelines and the Americans with Disability Act End Product • Obtain a list of potential safety concerns • Create a list of corrections for the safety concerns • Create a descriptive list of each department, stating how the organization was ran in the past and worked well. • Give a copy of OSHA’s Guidelines and a copy of the Americans with Disability Act to each Manager Agenda Reasons for meeting: • Introduction of managers and me • Explain what is expected of my new staff • Discuss safety concerns • Implement and correct safety hazard • Discuss ways to bring the establishment up to code by OSHA guidelines and the Americans with Disability Act Date: Tuesday, August 11, 2009 To: All personnel that report directly to me From: Corey Smith, VP of Operations Subject: Mandatory Meeting We will review our company policies to ensure the safety of all employees within the plant. Safety is a number one priority in our company, reviewing these policies can help to prevent future safety issues. We will discuss any safety concerns that you may have, and create a plan of action to bring current safety hazards up to code, and ensure proper compliance with regulations under the Americans with Disabilities Act and OSHA’s...
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