The American Disabilities Act (ADA) of 1990 was originally intended to allow access to employment for those persons with disabilities at a level equal to what all others enjoy. The Act was passed with civil rights as its impetus and does not allow divergences of its intention because of employer’s perceptions. This paper will present an overview of the ADA along with its legal, financial and practical implications for employers. It will also describe the methods by which an employer could legally discriminate against those with disabilities and offers remedies that can and are being utilized in an effort to counteract the financial affects of the Act.The ADA is ground-breaking legislation which was crafted “to establish a clear and comprehensive prohibition of discrimination on the basis of disability” (Americans with Disabilities Act of 1990, 2000). It is an extension of the 1964 Civil Rights Act which prohibits discrimination on the basis of race, national origin, religion or gender. The ADA affects those employers with 15 or more employees (Loy & Gebremedhin, 2001). The constitution gives the Congress power to control interstate commerce. It has interpreted the scope of this authority, some may suggest, in a very broad context by, for example, enacting the Civil Rights Act and ADA. Congress reportedly discovered sufficient evidence which supported its deduction that discriminating against those with disabilities by institutions and employers inhibited interstate commerce before it passed the ADA legislation.
Cite this document
(“Disability discrimination Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from https://studentshare.net/sociology/320763-disability-discrimination
(Disability Discrimination Essay Example | Topics and Well Written Essays - 1250 Words)
“Disability Discrimination Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.net/sociology/320763-disability-discrimination.
Cited: 0 times
The American Disabilities Act (ADA) of 1990 was originally intended to allow access to employment for those persons with disabilities at a level equal to what all others enjoy. This paper will present an overview of the ADA along with its legal, financial and practical implications for employers. …
From the onset, it should be noted that it is not an individual’s which to be disabled. While some people are born disabled, others develop this condition in their course of life as a result of natural or manmade calamities. Some people have been left disabled owing to accidents or diseases1.
According to Liz Crow, the social defining points of disability limit the understanding of experience from those who are disabled. Instead of building a component to assist those who are disabled, stereotypes, barriers and the lack of doing specific actions because of the labels of disability become the main focus within society.
These discriminations and stigma make it rather difficult for mentally ill people to recover and worsens their pains and suffering.Given the prevalence of mental health conditions in current society, the effects of stigma and discrimination on mental patients can be said to affect a rather large portion of the population
There are plenty of anti-discrimination regulations issued and enforced at the Federal level by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC, an employer cannot discriminate against employees or job applicants in any aspect of employment, including the following; hiring and firing, compensation, assignment or employee classification, benefits and benefits, transfers, promotions, layoffs or recalls, recruitment, job advertisements, testing, use of company facilities, training, apprenticeship programs, retirement plans, and disability leave (Employment Discrimination Definition).
The approach to tackling discrimination differs from measures to promote gender and racial equality (discrimination, 2007).The climax of a long drawn out battle to enforce the rights of disabled people was the implementation of the Disability Discrimination Act (DDA) on the 8th of November 1995.
Three of the main sources for definitions of disability are the legal medical and social models. The medical model uses the World Health Organization (WHO) definition. WHO in 1980 outlines the relationships between impairment, disability, and handicap. The simplified working definition is called the International Classification of Impairments, Disabilities, and Handicaps i.e.
The Postal Service would win with the undue hardship defense. The first basis of the Postal Service’s undue hardship defense would be the unfeasibility of changing the phone system, not for just the Postal
Although a boutique caters to the young consumer, there is no justification for not hiring older people on that ground. Secondly, she is also deprived employment due to her gender history, which is again
In addition, these pieces of legislation enjoin upon the entities dealing with the disabled to ensure that they accommodate their requirements.
Individuals afflicted with neglected ailments, are on occasion subjected to