Preview

Critique of Ada and Affirmative Action

Good Essays
Open Document
Open Document
904 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Critique of Ada and Affirmative Action
Critique of ADA and Affirmative Action

Marilyn Piasecki

BSHS 422

August 20, 2012
Darla Roberts, MA, MAEd, CRC
Critique of ADA and Affirmative Action In the ever changing workplace of today companies are constantly monitoring to ensure the proper implementation of policies and procedures related to the Americans with Disabilities Act, Affirmative Action, and equal employment opportunities. Throughout modern history incidents of discrimination and matters of civil liberties often initiate changes in laws, statute, or public policies. In this paper will be presented a critique of ADA and Affirmative Action with pros and cons to determine if they have been effective to overcome past policies, practices, and barriers that affect equal employment opportunities for individuals.
The Americans with Disabilities Act Basically The Americans with Disabilities Act (ADA) makes it unlawful to discriminate against individual with a physical or mental disability in regard to employment opportunities, in state or federal services, transportation, public accommodation, or telecommunication. The ADA was designed to improve conditions in the workplace that would allow individuals with disabilities to participate, contribute, and function in society ("Affirm Able Action Associates," 2012). When the ADA was first implemented there were and still are gaps in the law that allows businesses to ignore ADA compliance policies. Older buildings because of the expense of modification and to equip them they were grandfathered in and allowed to ignore ADA compliance laws. When businesses or nonprofit organizations are allowed to ignore these laws clients in this vulnerable population are not being served and are being discriminated against.
Employers are required to make reasonable accommodation for employees with disabilities. Reasonable accommodation may include any changes or adjustments made to improve the job or work environment that would enable an individual with a


References: Affirm Able Action Associates. (2012). Retrieved from http://www.disability-access.org/ada.php Affirmative Action. (2009). In Stanford Encyclopedia of Philosophy. Retrieved from http://plato.stanford.edu/entries/affirmative-action/ Messerli, J. (2012). BalancedPolitics.org - Affirmative Action. Retrieved from http://www.balancedpolitics.org/affirmative_action.htm
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Wgu Est1 Task 1
    • 492 Words
    • 2 Pages

    Wgu Est1 Task 1

    It involves many protection barriers such as, giving citizens with disabilities equal rights as anyone of any race, religion and gender. It also requires employers to make appropriate accommodations to the work environment to help aid disability workers move around easier. In the Scenario, the applicant was denied employment because to accommodate their need to move around in the building, the company would have to renovate their elevators. The company chose to deny the applicant because it would cause undue hardship for the company. The requirement for the ADA is the company that the employer must have at least 15 or more employees. In this scenario, there was a violation that occurred because the company claimed that the $2,000 would be a hardship. A company with 75 employees can afford the cost to accommodate the applicant. If the company decides not to comply with the applicant, the applicant can decide to sue the company because of the ADA. This would cost more than the $2,000 to change the…

    • 492 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Critique of Ada and Affirmative Action Paper
    • 762 Words
    • 4 Pages

    Critique of Ada and Affirmative Action Paper

    Discrimination within the place of work has been a concern for a long time now. Despite the fact that the Civil Rights Act of 1964 prohibits companies from showing favoritism to employees on account of their sex, age, race, and disability. Various employers continue to demonstrate this style of performance through the hiring procedure. American Disabilities Act also known as ADA was another organization put into effect after Affirmative Action. ADA is designed to defend and protect those individuals with disabilities. Both Affirmative Action and ADA were designed to create and uphold equality within the workplace. In this paper I will Compare the two, explain how they were developed and why they were developed. I will also explain who started this movement. Lastly I will list the pros and cons of these movements and discuss the way they have helped the cause.…

    • 762 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    HRCU 648: Legal Issues In Human Resources
    • 1523 Words
    • 7 Pages

    HRCU 648: Legal Issues In Human Resources

    When the ADA began, it was intended to protect those with disabling conditions from being held out of employment based on the functions that they could not do related to their disability. When the ADA was tested in court, however, the courts ended up stalling the process of accommodation by spending most of their time deciding if someone could actually be deemed disabled or not relative to their condition. With the amendments to the ADA, the focus has been redirected onto the process of reasonable accommodation and attempting to remove the barriers that hold the disabled out of…

    • 1523 Words
    • 7 Pages
    Better Essays
    Read More
  • Better Essays

    HRM 100 Week 3: Early Civilizations Matrix
    • 1549 Words
    • 7 Pages

    HRM 100 Week 3: Early Civilizations Matrix

    The purpose of this paper is to review the subject of affirmative action, and the policies that go along with it. The paper will be recommending to a board of directors that their business implement affirmative action policies. This argument will be supported by points and facts that are in favor of the implementation. It will also fairly discuss points against the implementation of affirmative action. The paper will cover points about how affirmative action policies relate to compliance…

    • 1549 Words
    • 7 Pages
    Better Essays
    Read More
  • Good Essays

    Course Project Part Iii
    • 767 Words
    • 4 Pages

    Course Project Part Iii

    References: Independent Auditor’s Report on Financial Statements Issued in Conformity with International Financial Reporting Standards [Fact sheet]. (n.d.). Retrieved March 10, 2013, from AICPA website: http://www.ifrs.com/overview/Accounting_Firms/Reporting_Standards.html…

    • 767 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    Can an Employee Discriminate in the Hiring Process?
    • 1225 Words
    • 5 Pages

    Can an Employee Discriminate in the Hiring Process?

    Disability: employers are required to provide reasonable accommodations for disabled applicants, unless the needed accommodations would be too difficult or expensive (“undue hardship”). An employer may also, after an offer is extended, condition the offer on medical questions or a medical exam as long as all new employees are treated the same.…

    • 1225 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Good Essays

    Mgt 434 Affirmative Action Plan Paper
    • 1070 Words
    • 5 Pages

    Mgt 434 Affirmative Action Plan Paper

    In this paper, there will be a description of “the elements of affirmative action and how it applies to the public sector and private sector of employment” (Bennet-Alexander & Hartman, 2007). This paper will describe “how affirmative action interacts with Title VII requirements of the Equal Employment Opportunity Act” (Bennet-Alexander & Hartman, 2007). Other factors that this paper will address will be “what happens if employers do not meet the goals of the affirmative action plan, what employers are subject to affirmative action plans and why, and what do the affirmative action plans require employers to do.” (Bennet-Alexander &…

    • 1070 Words
    • 5 Pages
    Good Essays
    Read More
  • Powerful Essays

    Title VII Civil Rights Act Assignment Analysis
    • 1741 Words
    • 7 Pages

    Title VII Civil Rights Act Assignment Analysis

    The ADA legislation prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. As an employer and Human Resources representative, any agency with fifteen or more employees is prohibited from discriminating against applicants, job seekers, and employees with…

    • 1741 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Employment Law Compliance Plan
    • 451 Words
    • 2 Pages

    Employment Law Compliance Plan

    According to "Disabled World" (2012), “The ADA states that a covered entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of…

    • 451 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    HSM Law Profile
    • 1574 Words
    • 7 Pages

    HSM Law Profile

    The ADA was developed in 1990 to stop any form of discrimination against anyone with a disability, which includes all aspects of one’s personal, social, and public living which consists of their education (schools), employment, transportation, as well as with all public and private facilities that other individuals…

    • 1574 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Employment and Policy Law
    • 903 Words
    • 4 Pages

    Employment and Policy Law

    The disability act provides guidelines for employers to follow, and sets up mandates which must be followed in order to provide reasonable accommodations for a disabled person. Some of these accommodations must include availability to handicap access points to buildings, and accommodations within a building for a disabled person to be able to be mobile within the organizations structures.…

    • 903 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Civil Rights Act Of 1964 Essay
    • 680 Words
    • 3 Pages

    Civil Rights Act Of 1964 Essay

    Affirmative Action programs were created to help implement practices and monitor the hiring of African American and female workers to ensure they weren’t being discriminated against. Of course, nonminorities were questioning whether they were being discriminated against because of the AAP. They were afraid minorities were being hired that were less qualified for the job because of this newly created program. Some looked…

    • 680 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Pysical Therapists
    • 587 Words
    • 3 Pages

    Pysical Therapists

    If everyone is entitled to all the rights and freedom that is set forth in the Declaration, disabled people should not be robbed of their rights. However, they are still devalued from conducting common tasks which puts them at the bottom of the priority list as an employee and even so as a friend. In search to solve this problem, according to “The Disabled” by Bender, D. on July 26, 1990, President George Bush signed the ADA into law that serves and protects people with disabilities. This law prohibits discrimination against the disabled by employers and required commercial establishments, public accommodation, and mass transportation be made accessible to disabled persons (Bender 17). When the law was signed, new doors opened for the deaf and hard of hearing culture for a better opportunity in gaining equal rights. President Bush appointed four titles to protect deaf and hard of hearing people. In “The ADA and Deaf Culture” by Tucker, B. Title I, prohibits both public and private employers from refusing to hire or promote an individual because of his or her impairment and requires employers to provide reasonable accommodations for applicants or employees who are deaf or hard of hearing (Tucker 28). If a deaf or hard of hearing employee can pass the essential part of the job qualification, he or she is protected by the ADA to be hired. Also, the ADA prohibits employers to discriminate disabled people in means of recruitment, job applications procedures, pay rates, and promotions. The second title, Title II, “Requires all state and local government agencies to make all of their services accessible to individuals with disability” (NAD 22). This ensures people with disability to be able to participate in services, programs, and activities who can meet the essential eligibility requirements. Such places that must make these accommodations are schools, libraries, police and fire department, public hospitals, jails and prisons, motor vehicle departments, parks and…

    • 587 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Equality Act 2010 Essay
    • 1100 Words
    • 5 Pages

    Equality Act 2010 Essay

    The Equality Act also provides people with a disability from discrimination within the workplace. The Act requires employers to make reasonable adjustments to their work surroundings if they are inviting someone with a disability into their workplace for an interview or for employment. These adjustments can include lifts or wheelchair access for someone who is in a wheelchair or providing help for someone who has dyslexia with their reading and writing when it is required. Under the Equality Act 2010, someone is classed as disabled if they have a physical or mental impairment which has an effect on their ability to carry out normal day-to-day activities. Under the Equality Act it is unlawful to not provide reasonable adjustments to accommodate a disabled worker or to refuse to employ them because of their…

    • 1100 Words
    • 5 Pages
    Good Essays
    Read More
  • Powerful Essays

    Affirmative Action In America
    • 1385 Words
    • 6 Pages

    Affirmative Action In America

    Affirmative action is a controversial topic topic, especially in American society. Affirmative action is an active effort to improve the employment or education opportunities of members of minority groups and women. It also means a similar effort to promote the rights of other disadvantaged persons. In America, affirmative action is for a disadvantaged group to have equal opportunities, regardless of: race, religion/creed, sex, national origin, and disability (OFCCP). Many surround the words affirmative action around race, but socioeconomic status, gender, and various other background characteristics play a role. These factors and more especially in the realm of education. Affirmative action is beneficial due to its history and who it affects.…

    • 1385 Words
    • 6 Pages
    Powerful Essays
    Read More

Related Topics