HSM Law Profile
HSM Law Profile
Kay Wehner
HSM/230
June 29, 2014
Kimberly Cowburn
HSM Law Profile Americans with Disabilities Act
“The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services,” (Perez, T. E.).
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 …show more content…
have access to. The ADA consists of five sections (titles) that focuses on the different areas that relate to public living. The main reason for this law is to make sure that each person who has any form of disability will have the same rights, opportunities, and access to other people, places, and things just the same as everyone else does.
There are numerous resources that are reliable, and available when learning about the implications of the ADA civil rights law. Some of the resources available are,
ADA Watch: This resource began on October 1, 1991. It started after human rights watches became available world-wide. The ADA Watch gathers data and information that is related to carrying out and impacting the outcome of this law. This form considers the whole spectrum of carrying out the initiatives, and certain programs that will disregard the requirements of the ADA. The ADA Watch is a tribunal that allows individuals with disabilities to tell how the ADA law is impacting their lives, telling their stories, along with having the opportunity for certain things that are covered, to show the efforts made in order to implement these laws.
The Americans with Disabilities Manual: State and Local Government Services, Employment, and Public Accommodations (1992), American Bar Association Commission on Mental and Physical Disability Law.
Association on Higher Education and Disability (AHEAD). AHEAD envisions “educational and societal environments that value disability and embody equality of opportunity.” (AHEAD, 2014)
The United States Department of Justice provided a guide titled "Guide to Disability Rights Laws," that stated: "The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress,” (United States Department of Justice, 2005). In order to be protected by the civil rights laws of the ADA, the individual is required to have a disability, and/or be related or associated with an individual who suffers from a disability. The ADA defines these individuals who suffer with a disability, a person or persons that suffer with some type of mental or physical illness, or impairment that limits the activities, and livelihood of the individual.
Employment - Title I: Title I was developed to assist individuals with disability access, the same opportunities with employment, along with benefits that are also available to individuals who do not suffer with any form of disability.
Employers are required to make available the reasonable accommodations to employees or applicants that qualify. Reasonable accommodation consist of the different changes needed in order to accommodate the employees with disabilities without causing difficulty, and/or excessive expense to the employer. Employers must comply too this law if they employ 15 or more employees. Title I regulations defines disability, and establishes guidelines that process sensible accommodations, addresses inquiries, and medical examinations, as well as defines when there is a possibility for significant risks of major harm to one’s health or safety of the employees with a disabilities. (Regulated and enforced by the U.S. Equal Employment Opportunity …show more content…
Commission)
State and Local Government - Title II: Title II prohibits the discrimination of disabilities that are ran by state and local government, these consists of public services, programs, and activities. These public facilities, are required to make sure all of their services, programs, and activities are easily accessible to all individuals with disabilities. Title II outlines the administrative processes within the administration that are to be followed, this also includes the requirements that involve planning and self-evaluation; requiring necessary, and reasonable modifications to their practice’s, procedures, and policies in order to avoid discrimination; identify any and all architectural barriers; and the necessity to incorporate effective communication tools for individuals with disabilities that include vision, hearing, and speech.
Public Accommodations - Title III: Title III prohibits private facilities of public accommodations from discriminating against anyone with a disability. Public accommodations consist of facilities that are privately-owned, leased or operated such as doctor’s offices, hotels, movie theaters, restaurants, retail merchants, sports facilities, private schools, day care centers, learning centers, health clubs, and so on. Title III allows for the minimum requirements for accessibility for altering and beginning new construction to these different facilities. This title also requires the removal of certain barriers that exist in buildings that will not require difficulty and excess expenses. Businesses are required to make the needed modifications in order to keep their normal ways of doing things when serving individuals with disabilities. They are also required to take the necessary steps in order to be able to properly and effectively communicate with customers with disabilities such as vision, hearing, and speech. (Regulated and enforced by the U.S. Department of Justice.)
Telecommunications - Title IV: Title IV (regulated and enforced by the U.S. Equal Employment Opportunity Commission) stipulates that all telephone and Internet businesses make available a system of nationwide of telecommunications services which will allow people with hearing and speech disabilities to have the ability to communicate over the web and telephone. Title IV also requires these companies to include public service announcements that are closed captioned, and federally funded.
Miscellaneous Provisions – Title V:
Title V, the final title (regulated and enforced by the U.S. Equal Employment Opportunity Commission), contains different provisions that relate to the ADA as a whole, this includes how it is related to certain laws, state immunity, the impact it has on insurance providers and the benefits available, prohibition against retaliation and coercion, the use of illegal drugs, along with fees for the attorney. When it comes to the arguments for or against the ADA civil rights laws, it is common knowledge on the pros for the ADA, however, there are also some that are against these laws such as economics, judicial, as well as societal hostility. It is easy to blame the fact that as of now, the ADA has not been successful in achieving the goal of developing a basic accessible mainstream society on the failure of the courts to properly enforce the law. A more common problem, however, lies within the ADA itself. With conflicting logistics that are under close scrutiny, the Act, and the Act’s failure to present its goals and objectives, (National Council on Disability, Equality of Opportunity: the making of the Americans with Disabilities Act, 1997). “Job discrimination will be enforced by the U.S. Equal Employment Opportunity Commission. After July 26, 1992, individuals who believe they have been discriminated against on the basis of their disability can file a charge with the Commission at any of its offices located throughout the United States,” (The U.S. Equal Employment Opportunity Commission, 2008) In order to charge a company or employer of discrimination one must file within the 180 days of the discrimination, however, that may not be the case if there is a local or state law that will allow relief for the discrimination based on the disability. In this case, the complainant will be allowed up to 300 days in order to file charges. At that time, the Commission will investigate and try to resolve the charges by helping each party to reach an agreement, which will basically follow the same procedures used to handle the charges filed under “Title VII of the Civil Rights Act of 1964.” “The ADA also incorporates the remedies contained in Title VII. These remedies include hiring, promotion, reinstatement, back pay, and attorney’s fees. Reasonable accommodation is also available as a remedy under the ADA,” (The U.S. Equal Employment Opportunity Commission, 2008). Despite the ups, downs and flaws of the ADA Civil Rights Laws, this Act has been effective and had many positive ramifications for those individuals with disabilities. Even though the progress from the ADA’s progress has resulted slower than many people had hoped the progress is continuing, and will hopefully continue as an ongoing priority for those who will benefit from this Act.
References
ADA Watch: http://adawatch.org/
Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L.
110-325)
Judge David L. Bazelon Center for Mental Health Law: http://www.bazelon.org/issues/disabilityrights/judicialnominees/Sotomayor6--09.htm
National Council on Disability, Equality of Opportunity: The Making of the Americans with Disabilities Act, 1997, p. 5 (hereafter cited as NCD, Equality of Opportunity).
NATIONAL COUNCIL ON DISABILITY, EQUALITY OF OPPORTUNITY: THE MAKING OF THE AMERICANS WITH DISABILITIES ACT (1997) [hereinafter EQUALITY OF OPPORTUNITY]; Chai Feldblum, Medical Examinations and Inquiries under the Americans with Disabilities Act: A View from the Inside, 64 TEMP. L. REV. 521 (1991); Colker, Fragile Compromise, supra note 6, at 385. See also Lowell P. Weicker, Jr., Historical Background of the Americans with Disabilities Act, 64 TEMP. L. REV. 387, 391–92 (1991)
Regulation to Implement the Equal Employment Provisions of the Americans with Disabilities Act, As Amended; Notice of Proposed Rule Making, 74 Fed. Reg. 183 (23 September 2009).
The American Association of People with Disabilities:
http://aapd.com/Sotomayormain.html
Kay Wehner
HSM/230
June 29, 2014
Kimberly Cowburn
HSM Law Profile Americans with Disabilities Act
“The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services,” (Perez, T. E.).
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 …show more content…
have access to. The ADA consists of five sections (titles) that focuses on the different areas that relate to public living. The main reason for this law is to make sure that each person who has any form of disability will have the same rights, opportunities, and access to other people, places, and things just the same as everyone else does.
There are numerous resources that are reliable, and available when learning about the implications of the ADA civil rights law. Some of the resources available are,
ADA Watch: This resource began on October 1, 1991. It started after human rights watches became available world-wide. The ADA Watch gathers data and information that is related to carrying out and impacting the outcome of this law. This form considers the whole spectrum of carrying out the initiatives, and certain programs that will disregard the requirements of the ADA. The ADA Watch is a tribunal that allows individuals with disabilities to tell how the ADA law is impacting their lives, telling their stories, along with having the opportunity for certain things that are covered, to show the efforts made in order to implement these laws.
The Americans with Disabilities Manual: State and Local Government Services, Employment, and Public Accommodations (1992), American Bar Association Commission on Mental and Physical Disability Law.
Association on Higher Education and Disability (AHEAD). AHEAD envisions “educational and societal environments that value disability and embody equality of opportunity.” (AHEAD, 2014)
The United States Department of Justice provided a guide titled "Guide to Disability Rights Laws," that stated: "The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress,” (United States Department of Justice, 2005). In order to be protected by the civil rights laws of the ADA, the individual is required to have a disability, and/or be related or associated with an individual who suffers from a disability. The ADA defines these individuals who suffer with a disability, a person or persons that suffer with some type of mental or physical illness, or impairment that limits the activities, and livelihood of the individual.
Employment - Title I: Title I was developed to assist individuals with disability access, the same opportunities with employment, along with benefits that are also available to individuals who do not suffer with any form of disability.
Employers are required to make available the reasonable accommodations to employees or applicants that qualify. Reasonable accommodation consist of the different changes needed in order to accommodate the employees with disabilities without causing difficulty, and/or excessive expense to the employer. Employers must comply too this law if they employ 15 or more employees. Title I regulations defines disability, and establishes guidelines that process sensible accommodations, addresses inquiries, and medical examinations, as well as defines when there is a possibility for significant risks of major harm to one’s health or safety of the employees with a disabilities. (Regulated and enforced by the U.S. Equal Employment Opportunity …show more content…
Commission)
State and Local Government - Title II: Title II prohibits the discrimination of disabilities that are ran by state and local government, these consists of public services, programs, and activities. These public facilities, are required to make sure all of their services, programs, and activities are easily accessible to all individuals with disabilities. Title II outlines the administrative processes within the administration that are to be followed, this also includes the requirements that involve planning and self-evaluation; requiring necessary, and reasonable modifications to their practice’s, procedures, and policies in order to avoid discrimination; identify any and all architectural barriers; and the necessity to incorporate effective communication tools for individuals with disabilities that include vision, hearing, and speech.
Public Accommodations - Title III: Title III prohibits private facilities of public accommodations from discriminating against anyone with a disability. Public accommodations consist of facilities that are privately-owned, leased or operated such as doctor’s offices, hotels, movie theaters, restaurants, retail merchants, sports facilities, private schools, day care centers, learning centers, health clubs, and so on. Title III allows for the minimum requirements for accessibility for altering and beginning new construction to these different facilities. This title also requires the removal of certain barriers that exist in buildings that will not require difficulty and excess expenses. Businesses are required to make the needed modifications in order to keep their normal ways of doing things when serving individuals with disabilities. They are also required to take the necessary steps in order to be able to properly and effectively communicate with customers with disabilities such as vision, hearing, and speech. (Regulated and enforced by the U.S. Department of Justice.)
Telecommunications - Title IV: Title IV (regulated and enforced by the U.S. Equal Employment Opportunity Commission) stipulates that all telephone and Internet businesses make available a system of nationwide of telecommunications services which will allow people with hearing and speech disabilities to have the ability to communicate over the web and telephone. Title IV also requires these companies to include public service announcements that are closed captioned, and federally funded.
Miscellaneous Provisions – Title V:
Title V, the final title (regulated and enforced by the U.S. Equal Employment Opportunity Commission), contains different provisions that relate to the ADA as a whole, this includes how it is related to certain laws, state immunity, the impact it has on insurance providers and the benefits available, prohibition against retaliation and coercion, the use of illegal drugs, along with fees for the attorney. When it comes to the arguments for or against the ADA civil rights laws, it is common knowledge on the pros for the ADA, however, there are also some that are against these laws such as economics, judicial, as well as societal hostility. It is easy to blame the fact that as of now, the ADA has not been successful in achieving the goal of developing a basic accessible mainstream society on the failure of the courts to properly enforce the law. A more common problem, however, lies within the ADA itself. With conflicting logistics that are under close scrutiny, the Act, and the Act’s failure to present its goals and objectives, (National Council on Disability, Equality of Opportunity: the making of the Americans with Disabilities Act, 1997). “Job discrimination will be enforced by the U.S. Equal Employment Opportunity Commission. After July 26, 1992, individuals who believe they have been discriminated against on the basis of their disability can file a charge with the Commission at any of its offices located throughout the United States,” (The U.S. Equal Employment Opportunity Commission, 2008) In order to charge a company or employer of discrimination one must file within the 180 days of the discrimination, however, that may not be the case if there is a local or state law that will allow relief for the discrimination based on the disability. In this case, the complainant will be allowed up to 300 days in order to file charges. At that time, the Commission will investigate and try to resolve the charges by helping each party to reach an agreement, which will basically follow the same procedures used to handle the charges filed under “Title VII of the Civil Rights Act of 1964.” “The ADA also incorporates the remedies contained in Title VII. These remedies include hiring, promotion, reinstatement, back pay, and attorney’s fees. Reasonable accommodation is also available as a remedy under the ADA,” (The U.S. Equal Employment Opportunity Commission, 2008). Despite the ups, downs and flaws of the ADA Civil Rights Laws, this Act has been effective and had many positive ramifications for those individuals with disabilities. Even though the progress from the ADA’s progress has resulted slower than many people had hoped the progress is continuing, and will hopefully continue as an ongoing priority for those who will benefit from this Act.
References
ADA Watch: http://adawatch.org/
Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L.
110-325)
Judge David L. Bazelon Center for Mental Health Law: http://www.bazelon.org/issues/disabilityrights/judicialnominees/Sotomayor6--09.htm
National Council on Disability, Equality of Opportunity: The Making of the Americans with Disabilities Act, 1997, p. 5 (hereafter cited as NCD, Equality of Opportunity).
NATIONAL COUNCIL ON DISABILITY, EQUALITY OF OPPORTUNITY: THE MAKING OF THE AMERICANS WITH DISABILITIES ACT (1997) [hereinafter EQUALITY OF OPPORTUNITY]; Chai Feldblum, Medical Examinations and Inquiries under the Americans with Disabilities Act: A View from the Inside, 64 TEMP. L. REV. 521 (1991); Colker, Fragile Compromise, supra note 6, at 385. See also Lowell P. Weicker, Jr., Historical Background of the Americans with Disabilities Act, 64 TEMP. L. REV. 387, 391–92 (1991)
Regulation to Implement the Equal Employment Provisions of the Americans with Disabilities Act, As Amended; Notice of Proposed Rule Making, 74 Fed. Reg. 183 (23 September 2009).
The American Association of People with Disabilities:
http://aapd.com/Sotomayormain.html