Disabled Disability Rights Movement Employment Eeoc ADA Equal Opportunity
FREEDOM FOR AMERICANS WITH DISABILITIESAmerica is a country which boasts of its freedom and equality for all. We are a people, accepting of people of all races, nationalities and abilities. Proof of American's good will towards all, without equivocation is provided by the 31st president who was elected to office, Franklin D. Roosevelt. Roosevelt suffered from paralysis due to poliomyelitis, which left him wheelchair bound in 1921. Despite the inability to use his legs, Roosevelt was elected President and holds a high historical reputation. America, in attempts to continue leading the country in a gesture of acceptance of all who are disabled, particularly in respect to their vocation, created the Americans with Disabilities Act (ADA) in 1990. The ADA is a federal law that prohibits businesses to discriminate against employees on the basis of their own disability or the disability of someone with whom they have a close association. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination in employment, in places of public accommodation, including all hotels, restaurants, retail stores, theaters, health care facilities, convention centers, parks, and places of recreation, in transportation services, and in all activities of state and local governments because a person has a disability. (Americans With Disabilities) The goal of ADA is to decrease cases of discrimination by making it unlawful employers with 15 or more employees to begrudge any qualified applicant or employee due to of a disability held by them, someone in their care, or someone with whom they have any other sort of close personal relationship.Employees who feel as if they have had their rights violated due to their employer's intolerance of their own disability or the disability of someone they have an association must file a "charge of discrimination" with the EEOC. The EEOC will then notify the employer of the charges, noting their responses as well as perform an investigation that will help provide any supporting information. Both the employee and the employer are provided the additional option of free and confidential mediation if they so choose.If mediation is not acceptable or is unsuccessful the Equal Employment Opportunity Commission (EEOC) will use the information from their investigation to attempt to determine if this is a case of discrimination. If they are unable to resolve the situation, it is sometimes forwarded to a court of law.The ADA allows employees with disabilities an equal opportunity for employment as well as to receive benefits for themselves or for family members with disabilities. The ADA does not enforce that benefits should be changed or altered in any way to suit the needs of the disabled individual, only that they cannot undergo any discrimination due to the disability. The ADA also provides employees the opportunity to file an additional complaint against employers if they feel that there has been retaliation in response to their initial charge.Nancy R. Mudrick, PhD, School of Social Work, Syracuse University describes the Americans with disabilities act as falling short in some ways. She admits that despite being in its tenth year, there are still questions that remain as far as the best ways to implement and enforce the regulations. Currently, the primary tools used to enforce the acceptable acts of conduct by employers include setting policy and issuing regulations, providing technical assistance, assessing compliance, processing complaints of ADA violations, and participating in lawsuits. (Mudrick) The ADA is limited however, in cases where employees do not feel comfortable expressing their concerns, if there is not someone who initially flags the attention of the ADA, discrimination may continue without contest. Although the ADA is available to help the individuals who are aware of their mistreatment and bring their cases to light, there is little in the way of monitoring available for those places of employment that have not had prior judgments. The harsher the punishments for those who discriminate and the greater the awareness aroused within all levels of employment about ADA standards the less likely those with disabilities will undergo hardships in the workplace. This education and the provisions for those who wish to file allow for a wide berth of unidentified cases of discrimination.According to The Centers for an Accessible Society The Americans with Disabilities act, since its signing in 1990 has land marked a wonderfully successful federal law. The law helps to open up American society to its 54 million citizens with disabilities (Americans with Disabilities Act) who, if they were not allowed to work, would eventually bankrupt the economy with their various medical and social needs. At the same time however, the law has still failed in keeping its promise to eliminate discrimination against people with disabilities in the workplace and in public accommodations. A typical question that arises when dealing with such a wide variety of cases includes, Who qualifies for having a disability and who is outside of the protection of the ADA? As it turns out, those individuals who suffer impairments do not fall under the range of disability, therefore they are not subject to protection by the ADA. Unfortunately, this factor narrows the field of individuals who are protected by the ADA, leaving a great many cases that are accepted within the court of law. As with the case involve two women who wanted to become airline pilots, sisters named Sutton, each suffering from visual impairment and a third who was applying to be a pilot yet was diagnosed with high blood pressure. The courts ruled that individuals who have a case that is treatable by some form of mitigation are actually not suffering from a disability at all and are therefore outside the protection of the ADA. A disability is defined as someone who has a physical or mental impairment which affects most of their major life activities. Therefore, visual impairments that can be corrected with glasses or contacts, high blood pressure which can be controlled with medication, these situations do not fall under the jurisdiction of the American's with Disabilities act. with the man is able to control his high blood pressure with medication, and the visually impaired can have perfect vision with the aid of glasses). In the Supreme Court case of Mr. Dahill, a man who went through the police academy and was told just before graduation that he didn't qualify due to a hearing impairment, he was also defined as a person who did not fall under the jurisdiction of the ADA's protection and therefore there the case was dismissed. These are a number of unfortunate situations in which people were disallowed a career that they wanted due to impairments.BibliographyAmericans with Disabilities Act The Center for an Accessible Society. 2000. 17 November 2006.http://www.accessiblesociety.org/topics/ada/index.htmlEichner, Stan. Recent Supreme Court Cases on the ADA Litigation at the Disability Center. 2005. 17 November 2006.http://www.uark.edu/depts/rehabres/ALDAcon2001/Supreme%20Court%20ADA.htmMudrick, Nancy R. Federal enforcement of the Americans with Disabilities Act: Complaint processing vs. compliance monitoring 2000. 17 November 2006.http://apha.confex.com/apha/128am/techprogram/paper_4613.htmQuestions and Answers About the Association Provision of the Americans with Disabilities Act The U.S. Equal Employment Opportunity Commission. 2005. 17 November 2006.http://www.eeoc.gov/facts/association_ada.htmlAnnotated BibliographyAmerican's with Disabilities Act The Center for an Accessible Society. 2000. 17 November 2006.http://www.accessiblesociety.org/topics/ada/index.htmlThis web page provides an overview of the American's with Disabilities Act, specifically outlining its progression over the last ten years. The site goes on to explain reasons why congress was at first hesitant about passing the Act, assuming that there would be a flood of lawsuits that would bankrupt businesses. The text explains that this fearsome presumption never came to pass. The site goes on to point out individuals who are frustrated by the Act, noting instances where there has been little progression, and/or a great many misinterpretations of the Acts original intent. The site lays out specific instances in which those with disabilities are still facing trouble. Instances where it is difficult or impossible to mainstream, such as voting that is held in a church or school that doesn't provide wheelchair access."Americans with Disabilities Act of 1990." Wikipedia, The Free Encyclopedia. 16 Nov 2006, 21:53 UTC. Wikimedia Foundation, Inc. 20 Nov 2006 <http://en.wikipedia.org/w/index.php?title=Americans_with_Disabilities_Act_of_1990&oldid=88289389>.This site provides a brief overview of the American's with Disabilities act, including specific dates and individuals involved with its installation. The site goes on to describe the structure of the act and then, title by title the act itself. The site lists the groups who were involved in helping to pass the ADA, including links to each group's official website. There is a section that includes a quote by George Bush when the act was first signed as well as a section that includes criticisms of the act.MDA Telethon MDA Association. 2006. 17 November 2006.http://www.mdausa.org/telethon/This site describes the annual labor day telethon as well as provides a great many links that can be followed to describe previous telethons, ways to pledge, lists of performers and a page that answers frequently asked questions. The site also describes the disease muscular dystrophy, encouraging people to donate.Roosevelt, Franklin Delano The American Presidency. Encyclopedia Americana. 2006. 17 November 2006.http://ap.grolier.com/article?assetid=0336060-00&templatename=/article/article.htmlThis site provides a detailed bibliography of the 31st president Franklin D. Roosevelt. It begins by going through his youth and early career. It describes his personal life as well as his career as a New York State Senator, Assistant Senator to the Navy, and Vice President Nomination, Governor of New York. It describes major elements of his presidency such as The New Deal, NRA, AAA, Wartime Diplomacy. The site also describes the disease, poliomyelitis which disabled him and left him wheelchair bound.This weekend - Labor Day - we're coming OUT OF OUR HOUSES to protest the Jerry Lewis Pity-Thon 2001. 17 March 2006.http://www.cripcommentary.com/LewisVsDisabilityRights.htmlThis site has a link to verbally hear Jerry Lewis's comments about cripples as well as an audible response by activists. The site goes on to describe the ways in which activists plan to protest against the telethon. The site describes ways in which anyone who is interested can help to protest. It lists tools of protest and describes how they can be adapted and individualized.
FREEDOM FOR AMERICANS WITH DISABILITIES
America is a country which boasts of its freedom and equality for all. We are a people, accepting of people of all races, nationalities and abilities. Proof of American's good will towards all, without equivocation is provided by the 31st president who was elected to office, Franklin D. Roosevelt. Roosevelt suffered from paralysis due to poliomyelitis, which left him wheelchair bound in 1921. Despite the inability to use his legs, Roosevelt was elected President and holds a high historical reputation. America, in attempts to continue leading the country in a gesture of acceptance of all who are disabled, particularly in respect to their vocation, created the Americans with Disabilities Act (ADA) in 1990. The ADA is a federal law that prohibits businesses to discriminate against employees on the basis of their own disability or the disability of someone with whom they have a close association. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination in employment, in places of public accommodation, including all hotels, restaurants, retail stores, theaters, health care facilities, convention centers, parks, and places of recreation, in transportation services, and in all activities of state and local governments because a person has a disability. (Americans With Disabilities) The goal of ADA is to decrease cases of discrimination by making it unlawful employers with 15 or more employees to begrudge any qualified applicant or employee due to of a disability held by them, someone in their care, or someone with whom they have any other sort of close personal relationship.
Employees who feel as if they have had their rights violated due to their employer's intolerance of their own disability or the disability of someone they have an association must file a "charge of discrimination" with the EEOC. The EEOC will then notify the employer of the charges, noting their responses as well as perform an investigation that will help provide any supporting information. Both the employee and the employer are provided the additional option of free and confidential mediation if they so choose.
If mediation is not acceptable or is unsuccessful the Equal Employment Opportunity Commission (EEOC) will use the information from their investigation to attempt to determine if this is a case of discrimination. If they are unable to resolve the situation, it is sometimes forwarded to a court of law.
The ADA allows employees with disabilities an equal opportunity for employment as well as to receive benefits for themselves or for family members with disabilities. The ADA does not enforce that benefits should be changed or altered in any way to suit the needs of the disabled individual, only that they cannot undergo any discrimination due to the disability. The ADA also provides employees the opportunity to file an additional complaint against employers if they feel that there has been retaliation in response to their initial charge.
Nancy R. Mudrick, PhD, School of Social Work, Syracuse University describes the Americans with disabilities act as falling short in some ways. She admits that despite being in its tenth year, there are still questions that remain as far as the best ways to implement and enforce the regulations. Currently, the primary tools used to enforce the acceptable acts of conduct by employers include setting policy and issuing regulations, providing technical assistance, assessing compliance, processing complaints of ADA violations, and participating in lawsuits. (Mudrick) The ADA is limited however, in cases where employees do not feel comfortable expressing their concerns, if there is not someone who initially flags the attention of the ADA, discrimination may continue without contest. Although the ADA is available to help the individuals who are aware of their mistreatment and bring their cases to light, there is little in the way of monitoring available for those places of employment that have not had prior judgments. The harsher the punishments for those who discriminate and the greater the awareness aroused within all levels of employment about ADA standards the less likely those with disabilities will undergo hardships in the workplace. This education and the provisions for those who wish to file allow for a wide berth of unidentified cases of discrimination.
According to The Centers for an Accessible Society The Americans with Disabilities act, since its signing in 1990 has land marked a wonderfully successful federal law. The law helps to open up American society to its 54 million citizens with disabilities (Americans with Disabilities Act) who, if they were not allowed to work, would eventually bankrupt the economy with their various medical and social needs. At the same time however, the law has still failed in keeping its promise to eliminate discrimination against people with disabilities in the workplace and in public accommodations. A typical question that arises when dealing with such a wide variety of cases includes, Who qualifies for having a disability and who is outside of the protection of the ADA? As it turns out, those individuals who suffer impairments do not fall under the range of disability, therefore they are not subject to protection by the ADA. Unfortunately, this factor narrows the field of individuals who are protected by the ADA, leaving a great many cases that are accepted within the court of law. As with the case involve two women who wanted to become airline pilots, sisters named Sutton, each suffering from visual impairment and a third who was applying to be a pilot yet was diagnosed with high blood pressure. The courts ruled that individuals who have a case that is treatable by some form of mitigation are actually not suffering from a disability at all and are therefore outside the protection of the ADA. A disability is defined as someone who has a physical or mental impairment which affects most of their major life activities. Therefore, visual impairments that can be corrected with glasses or contacts, high blood pressure which can be controlled with medication, these situations do not fall under the jurisdiction of the American's with Disabilities act. with the man is able to control his high blood pressure with medication, and the visually impaired can have perfect vision with the aid of glasses). In the Supreme Court case of Mr. Dahill, a man who went through the police academy and was told just before graduation that he didn't qualify due to a hearing impairment, he was also defined as a person who did not fall under the jurisdiction of the ADA's protection and therefore there the case was dismissed. These are a number of unfortunate situations in which people were disallowed a career that they wanted due to impairments.
Bibliography
Americans with Disabilities Act The Center for an Accessible Society. 2000. 17 November 2006.http://www.accessiblesociety.org/topics/ada/index.html
Eichner, Stan. Recent Supreme Court Cases on the ADA Litigation at the Disability Center. 2005. 17 November 2006.
http://www.uark.edu/depts/rehabres/ALDAcon2001/Supreme%20Court%20ADA.htm
Mudrick, Nancy R. Federal enforcement of the Americans with Disabilities Act: Complaint processing vs. compliance monitoring 2000. 17 November 2006.http://apha.confex.com/apha/128am/techprogram/paper_4613.htm
Questions and Answers About the Association Provision of the Americans with Disabilities Act The U.S. Equal Employment Opportunity Commission. 2005. 17 November 2006.http://www.eeoc.gov/facts/association_ada.html
Annotated Bibliography
American's with Disabilities Act The Center for an Accessible Society. 2000. 17 November 2006.http://www.accessiblesociety.org/topics/ada/index.html
This web page provides an overview of the American's with Disabilities Act, specifically outlining its progression over the last ten years. The site goes on to explain reasons why congress was at first hesitant about passing the Act, assuming that there would be a flood of lawsuits that would bankrupt businesses. The text explains that this fearsome presumption never came to pass. The site goes on to point out individuals who are frustrated by the Act, noting instances where there has been little progression, and/or a great many misinterpretations of the Acts original intent. The site lays out specific instances in which those with disabilities are still facing trouble. Instances where it is difficult or impossible to mainstream, such as voting that is held in a church or school that doesn't provide wheelchair access.
"Americans with Disabilities Act of 1990." Wikipedia, The Free Encyclopedia. 16 Nov 2006, 21:53 UTC. Wikimedia Foundation, Inc. 20 Nov 2006 <http://en.wikipedia.org/w/index.php?title=Americans_with_Disabilities_Act_of_1990&oldid=88289389>.
This site provides a brief overview of the American's with Disabilities act, including specific dates and individuals involved with its installation. The site goes on to describe the structure of the act and then, title by title the act itself. The site lists the groups who were involved in helping to pass the ADA, including links to each group's official website. There is a section that includes a quote by George Bush when the act was first signed as well as a section that includes criticisms of the act.
MDA Telethon MDA Association. 2006. 17 November 2006.http://www.mdausa.org/telethon/
This site describes the annual labor day telethon as well as provides a great many links that can be followed to describe previous telethons, ways to pledge, lists of performers and a page that answers frequently asked questions. The site also describes the disease muscular dystrophy, encouraging people to donate.
Roosevelt, Franklin Delano The American Presidency. Encyclopedia Americana. 2006. 17 November 2006.http://ap.grolier.com/article?assetid=0336060-00&templatename=/article/article.html
This site provides a detailed bibliography of the 31st president Franklin D. Roosevelt. It begins by going through his youth and early career. It describes his personal life as well as his career as a New York State Senator, Assistant Senator to the Navy, and Vice President Nomination, Governor of New York. It describes major elements of his presidency such as The New Deal, NRA, AAA, Wartime Diplomacy. The site also describes the disease, poliomyelitis which disabled him and left him wheelchair bound.
This weekend - Labor Day - we're coming OUT OF OUR HOUSES to protest the Jerry Lewis Pity-Thon 2001. 17 March 2006.http://www.cripcommentary.com/LewisVsDisabilityRights.html
This site has a link to verbally hear Jerry Lewis's comments about cripples as well as an audible response by activists. The site goes on to describe the ways in which activists plan to protest against the telethon. The site describes ways in which anyone who is interested can help to protest. It lists tools of protest and describes how they can be adapted and individualized.
