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.