The Americans with Disabilities Act (ADA) has been the most inclusive and wide-ranging civil rights legislation adopted to rule out all forms of discrimination and exclusion committed towards differently-able or disabled individuals in both private and public entities. For many years, people with disabilities have experienced discrimination and exclusion because of their health conditions that were seen as deviant to what is being considered normal by the society.
Disabilities hinder an individual to function normally, thereby making it difficult for people with disabilities to work together with those whom the society referred to as normal people. The person with disabilities usually suffers from limited opportunities and services in the society and is often not involved in the community development efforts and recreation activities.
The social and historical perspectives of disability elaborated on how the society views the disability condition. For some, disability is seen as a fate or misfortune. Others view it as a medical condition that can be treated using modern technology and medical interventions. Despite the efforts to elevate the social status of individuals with disabilities, there are still prevalent views that regard disability as a deviance, labeling the person with disability as “sick” or “abnormal”, thereby escalating the social stigma towards these people with disabilities.
The Term Paper on Societies’ Views On Mental Illness
Societies have been dealing with social issues throughout history. Whether it has been social class, civil rights, tradition, or religious conflict, societies have been trying to either over come the issues or change them all together. One social issue, in particular, that societies of been trying to deal with is people having some sort of mental illness. Historians, researchers, and ...
The Americans with Disabilities Act was created to respond to the issues and problems and to establish a clear and comprehensive prohibition of discrimination on the basis of disability.
The Americans with Disabilities Act Title I: Employment
The Americans with Disabilities Act was signed into law by President George W. Bush on July 26, 1990, and went into effect on January 26, 1992. The ADA’s primary purpose is on extending legal rights as well as opportunities and protection to individuals with various kinds of disabilities in the areas of Employment (Title I), Public transportation and state and local government services (Title II), Public accommodations (Title III), Telecommunications (Title IV), and Miscellaneous (Title V).
Disability as defined in Section 3.2 of the Americans with Disabilities Act refers to a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. Title I of the Act specifies the concrete rights of person with disabilities with regards to employment, prohibiting discrimination in all processes of employment and employment-related activities. ADA, Public Law 101-336, Section 102 (a) read:
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Bringing down “The Shameful Wall of Exclusion”
Given the provisions of the Title I of the Americans with Disabilities Act, persons with disabilities will no longer suffer exclusion in terms of job opportunities because they are given an equal footing with the “normal” employees under this law. They can fully contribute their skills and abilities in public and private institutions because employers are required to provide accommodations that will maximize the capabilities of the individual with disability. Under Title I, people with disabilities have all the rights to report employers who do not hire them on the basis of their disability and for the non-compliance of the Act.
The Term Paper on Disability Discrimination Act
Explain the possible impact of the Disability Discrimination Act in promoting anti discriminatory practice. L/O: understand how national initiatives promote anti discriminatory practice. In 1995, there was a Disability Discrimination Act put in place which ensured that people with disabilities were treated equally to everyone else, this meant it was illegal to discriminate against disabled people ...
One weakness of the Title I provision is the fact that employers are free to chose or hire the most qualified applicant, though employers have to make hiring decisions based on reasons that are not related to the disability of the applicant. Another is that, the provisions of Title I of ADA do not also specify a uniform qualification standard for hiring that will reflect the skills of the person with disabilities in performing the actual functions of the job. Despite the ADA’s limitations, it cannot be denied that it has made tremendous contribution on the live of individuals with disabilities. Its provision on employment has enabled many disabled people to unleash their full potentials for the welfare of the state. Persons with disabilities also have their own unique way of doing things that society cannot appreciate. That is the reason why this law was enacted to serve as a citadel of equality to people with disabilities.
Reference
U.S. Department of Justice, Civil Rights Division, Disability Rights Section. (2009).
The
Americans with Disabilities Act. Retrieved July 13, 2009, from http://www.ada.gov/
