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Critique of the Americans with Disabilities Act and Affirmative Action Bshs422

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Critique of the Americans with Disabilities Act and Affirmative Action Bshs422
Critique of the Americans with Disabilities Act and Affirmative Action
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Critique of the Americans with Disabilities Act and Affirmative Action
Violations of civil liberties and acts of discrimination are often precursors to the creation or modification of laws and public policy in a moral society. The Americans with Disabilities Act (ADA) and affirmative action are both examples of moral society demanding change. Both were the result of the Civil Rights Movement and the Individuals with Disabilities Movement that advocated for needed social change. The following critique will provide a brief history of each and some popular arguments of proponents and opponents for both public policies.
Americans with Disabilities Act
History
The Americans with Disabilities Act was the result of the individuals with disabilities movement in the United States that challenged social barriers excluding the disabled from communities, the educational system, and employment opportunities, and fought against the cultural norm of institutionalization (Mayerson, n.d.). According to Affirm Able Action Associates (2013),
The Americans with Disabilities Act of 1990 is the most significant civil rights legislation to be enacted by congress since the Civil Rights Act of 1964. The ADA makes it illegal to discriminate against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations and telecommunications. (para. 1)
In addition, “The ADA prohibits discrimination in … job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities” (Affirm Able Action Associates, 2013, para. 4). The ADA also mandates organizations make reasonable accommodations that allow the disabled access to the aforementioned areas.


References: United States Department of Labor. (n.d.). Employers and the ADA: Myths and facts. Retrieved from http://www.dol.gov/odep/pubs/fact/ada.htm University of California. (2002). A brief history of affirmative action. Retrieved from http://www.oeod.uci.edu/aa.html
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