Presidential Transition and Policy Priorities on Civil Rights - Essay Example

Presidential Transition and Policy Priorities on Civil Rights President-elect Barack Obama faces one of the most challenging and difficult role as the forty-fourth President of the United States because of the current global economic, the continuing war in Iraq, the ominous nuclear arms programs in North Korea and Iran, and the world-wide threat of terrorism. In light of this, Obama's transition period is vital to go beyond political electioneering to the immediate determination of policies and priorities2. It is laudable that this administration will prioritize the protection and enforcement of Civil Rights, which are supposed to be "guaranteed and protected by the United States Constitution and federal laws enacted by the Congress"3 - the Civil Rights Act of 1964 and the American with Disabilities Act of 1990 in particular. Civil Rights include: 1. The freedom of speech. 2. The right to vote. 3. The right to the due process of law. 4. The right to have equal protection of the laws and 5. Protection from unlawful discrimination. Discrimination in itself is one hot issue that Pres. Obama must address. In other words, every Civil Rights issue will stem upon his resolve (or lack of it) to address discrimination. The American Founding Fathers believed that "All men are created equal," and it is really absurd of people will be discriminated because of race, color, national origin, disability, age, sex and religion. In follows then that health care institutions should not tolerate discrimination, and it is good that such services under the Office of Civil Rights are prohibited from displaying such acts. The Civil Rights Act of 1964 was passed and implemented to prevent "racial segregation" in public places, schools and place of employment. It was established first and foremost to aid African Americans and protect women. To accomplish its objectives, this law also created the Equal Employment Opportunity Commission. Subsequent to the Civil Rights Act of 1964, President George H.W. Bush has signed into law the American with Disabilities Act of 1990 or ADA in July 26, 19904. The Act bans discrimination against people with disabilities in employment in public service, in public accommodations and in telecommunications. The Equal Employment Opportunity Commission is responsible for enforcing the prohibition of discrimination against people with disabilities in employment. The ADA protects people from job discrimination of qualified individuals because of the presence of a disability. According to ADA, a person has a disability if he or she possesses a mental or physical impairment that adequately limits a major life activity. ADA can protect such person in cases wherein a person has history of such disability, or even in the case that such disability exists only in the mind of the would-be employer. To be protected under the ADA you must have a record or evidence of considerable impairment. A considerable or substantial impairment is one which restricts key life activities in the form of hearing, seeing, speaking, and performing manual tasks, caring for oneself, learning or working. But if a person has a certain disability, there are conditions by which he or she can be reasonably accommodated. In particular: 1. A person must satisfy the requirements for education, relevant experience, specific skills, and professional certification. 2. A person ought to be able to fulfill the job with or without accommodation since an employer cannot refuse to hire such him or her on the basis of the presence of any disability. But in doing so, it is important to clarify what is reasonable accommodation. It pertains to adjustments or changes with a work environment which allows a qualified applicant with a disability to participate in the job application process, to perform the essential functions of a job or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. Reasonable accommodation may include: 1. Provision or modification of equipment. 2. Job restructuring. 3. Part time or modified work schedules. 4. Reassignment to a vacant position. 5. Adjusting or modifying examinations materials for training. 6. Providing a reader and interpreter. 7. Making the workplace more accessible and usable by people with disabilities. The employer must provide the necessary reasonable accommodation to a qualified applicant or employee with disability unless the employer can prove that the accommodation will only give needless. Furthermore, the ADA makes it unlawful to discriminate in all forms of employment and this includes areas in: Recruitment Firing Hiring Training Job assignments Promotions Pay Benefits Payoff Leave and all other relevant employment activities. It is likewise against the law and reason for an employer to strike back against any person exercising his or her rights under ADA. This law also protects friends or families of persons with disability. However, any individual with disability taking using illegal drugs is not protected under the ADA; and the ADA does not prevent employers from testing applicants or employees for current prohibited use of drugs. In the event that discrimination happened, a complaint of discrimination must be filed within 180 days of the said incident, and up to 300 days for laws that give reprieve. In light of the above facts and other relevant situations regarding everyone's Civil Rights; the following are the policy recommendations of the Obama transition team on Civil Rights with major reasons why such recommendations were selected from the alternatives5: Combat Employment Discrimination A recent court ruling which curtails the rights of women and racial minorities to dispute discrimination in pay will be reversed by president Obama and Vice President Biden by passing the Fair Play Act to make certain that women receive just pay; and the employment Non-Discrimination Act to inhibit discrimination which is based on sexual orientation, gender identity or expression. Expand Hate Crimes Statuses The federal hate crimes legislation will be strengthened by the Obama administration by increasing hate crimes protection by passing the Matthew Sheppard Act and reviving its enforcement at the Department of Justice's Criminal Section. The Matthew Sheppard Act was established in memory of Matthew Sheppard, a gay college student who was tortured and brutally murdered because of his sexual and gender preferences that did not go too well with the perceptions of some. End Deceptive Voting Practices The President will sign into law his proposed legislation which creates harsh penalties for those who have committed voter fraud. This will likewise provide precise and complete information to voters who were deceived. End Racial Profiling Racial profiling will be banned by President Obama and Vice President Biden through federal law enforcement agencies. And federal incentive or motivation will be given to state and local police department who will put into effect such prohibition. Reduce Crime Recidivision by Providing Ex-Offender Support Job training and counseling for substance abuse and mental health will be provided by the new administration so that ex-offenders would be able to join themselves together with normal society. A prison to work incentive program will similarly be formed to develop ex-offender employment and job preservation rates. Eliminate Sentencing Disparities President Obama and Vice President Biden believes that disparity or the inconsistency between the sentencing of crack and powder based cocaine is erroneous, and should be fully removed. Expand Use of Drug Courts The new administration wants to provide first time non-violent lawbreakers the opportunity to serve their sentences by using drug rehabilitation programs that have proven to be effective than prison terms for changing bad behavior. The new administration's policy on civil rights have included and expounded on the following LGBT (Lesbian, Gay, Bisexual and Transgender) rights: a. Expand Hate Crime Statutes During 2004, the crime rates against the LGBT community is the third highest of hate crimes that was accounted. It made up fifteen percent (15%) of such crimes. President Obama would like to increase federal jurisdiction to include brutal hate crimes carried out because of race, color, religion, national origin, sexual orientation, gender identity, or physical disability. b. Fight Workplace Discrimination Since President Obama supports the Employment Non-Discrimination Act, he believes that anti-discriminatory employment laws must be expanded to incorporate sexual orientation and gender identity. Although some employers have widened the benefits to their employees' domestic partners, the discrimination based on sexual orientation was sponsored by President Obama in the Illinois State Senate. c. Support Full Civil Service Unions and Federal Rights for LGBT (Lesbian, Gay, Bisexual and Transgender) Couples President Obama supports the full civil unions that provide same sex couples legal rights and privileges which are being given to heterosexually married couples. President Obama deems that there is a need to revoke the Defense of Marriage Act and enact legislation which will make certain that federal legal rights and benefits presently given because of marital status are likewise given to same sex couples who have availed of civil unions and other legally accepted unions. Such rights and benefits include the right to support a loved one in times of emergency, the right to the same health insurance, other employment assistance and property rights. d. Repeal Don't Ask-Don't Tell Discrimination within the military service must be banned because the primary test for the military service must be based on patriotism, sense of duty and the willingness to serve. Thus, the "don't ask - don't tell" policy must be repealed. Millions of dollars are spent to replace troops who are removed from the service due to their sexual orientation. Language experts numbering to 300 and 50 others who are fluent in Arabic were fired because of this policy. Thus, President Obama will work together with the military leaders to repeal the existing policy and guarantee that it aids in the accomplishment of national defense objectives. e. Expand Adoption Rights Adoption rights should be made available for all couples or individuals despite their particular sexual orientation. President Obama believes that a child will surely have a good and quality life if the home is a loving and healthy one. And the sexual orientation of the adoptive parents is thus irrelevant. Consequently, the idea of rearing a child in any household background depends greatly on the good and correct principles instilled in the child while growing up. f. Promote Aids Prevention A comprehensive national HIV/AIDS program will be developed and implemented by President Obama in order to minimize HIV infections; augment access to care and reduce HIV related health inequalities. This will include proper sex education and information on contraception, and the distribution of contraceptives by means of the public health care system. The ban on needle exchange will likewise be supported by the President in order to reduce infection between drug users. g. Empower Women to prevent HIV/AIDS It is unfortunate that women who tested as AIDS positive increased four times during the past twenty years. And with this fact in mind, President Obama will introduce the Microbicide Development Act that will speed up the advancement of products that will empower women to battle AIDS. Microbicides are topically applied products that prevent transmissions of HIV and other infections. Endnotes 1International Herald Tribune. January 29, 2009. Text of the Union Address. Americas. http://www.iht.com/articles/2008/01/29/america/29bushtext.php 2 Fingerhut, Eric. January 15, 2009. First 100 Days' Top Priority: Economic Stimulus Package. The Jewish Journal. http://www.jewishjournal.com/articles/item/first _100_days_top_priority_economic_stimulus_package_20090115/ 3HHS.gov. May 14, 2008. U.S. Department of Health and Human Services. http://www.hhs.gov/faq/policies/civilrights/86.html 4The U.S. Equal Employment Opportunity Commission. http://www.eeoc.gov/facts/ada18.html 5The Agenda. The White House. http://www.whitehouse.gov/agenda/ Read More