Americans With Disabilities Act and Affirmative Action
Introduction
Disabled Americans constitute one among the largest American minority group coming under the category of special population. Even though the disabled people have physical limitations, they often argue that they can do any kinds of jobs handed over to them by the employers with equal efficiency. The exact number of disabled people on America comes around 50 million. This group also has the highest unemployment rate in the country also. I.e. almost 70%. Their skills and abilities to perform a job are somewhat ignored by others.
A prominent non-profit group working in America for the disabled people stated that it was important to get a point out that, people with disabilities are just people. These people have their own strengths and weaknesses like other normal people that will enable them to perform normally at the work place.
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Recent studies also revealed that nearly 90% of people with disabilities are above the average when compared with the general work force that is available. More over people with disability represent $1 trillion in the yearly aggregate or total consumer spending (Disabled Americans, 2006).
One of the most significant developments that were brought by globalization was concerns regarding the super national expression of rising community movements and political programs. Disabled persons had to stumble upon in the international arena as a crucial space for dialogues to maintain their rights towards social incorporation, equivalent chances and non prejudice. Disabled persons were excluded from normal societies. Oppressive cultural values where often attached towards them. In this scenario there was a need for an apt legislation that could help these people overcome these exclusions and prejudices (Disabled People?s Rights).
More over sufficient resources must be made available for ensuring expansion of proposals that are receptive and approachable to injury, ethnic and cultural diversity within the disabled inhabitants. Importance should be given to the choice of the individuals. Self determination issues of the disabled people should not be merely linked towards service delivery mechanisms but should be checking the sufficiency of resources that are necessary for the delivery (Barnes. 2007).
To protect the rights of the disabled people the American government passed the American disabilities act in 1990,later it was amended in 2009. This act prohibits discrimination against disability in the society. The amendment made to the act in the year 2009 gave wider protections for the disabled people.Title 1 of the ADA of 1990 stops private employers, state as well as local governments, various employment agencies and labor unions against discrimination of qualified people having disabilities from job applications, hiring, compensations, training, other terms of employments, priveleges etc. the coverage of this act works when the employers have 15 or more employees. The ADA is also applied in the federal sector under section 501 of the rehabilitation act.
As per the provisions of the act a disabled person is defined as a person having physical or mental impairment that critically limits one or more major life activities. The act also extends its definition by quoting that a person is regarded as a disabled person if he has a record of such impairment or is regarded as having such impairment. According to the act a qualified applicant having disability with or devoid of reasonable accommodation can perform the necessary functions of the job.The employer should take reasonable steps to make a reasonable accommadation to the known inability of an applicant who is qualified as disabled. According to the act reasonable accommadations are adjustments or changes that are provided by the employer for enabling persons with disabilty enjoy equal job oppurtunities.
The act specifically states that the employer is not required to bring down quality of production or standards inorder to make accommodations.The employer is also not responsible to provide aids for personal use.
Title 1 of the act also covers medical examinations and enquiries, drugs and alchol abuses, upkeep of confidential records etc. The ADA also makes it clear that it is quite illegal to hit back against a person for contrasting service practices that differentiate based on disability or for filing favoritism charge or to give evidence in an investigation under the ADA (Facts About the Americans with Disabilities Act).
The ADA provides protection in civil rights to persons having disabilities. This protection provided by ADA is parallel to those given to people based on color of the skin, cultural race, gender, nationality, faith in religion, and age. The ADA act promises identical chances for people having disabilities in transportations, public accommodations, job vacancies, telecommunications, government services etc. (Harbin).
Conclusion
The ADA is a disability related law that is familiar by many American people having disability. This act is better known than any other acts in this area. This is because this act applies to organizations, businesses as well as a wider range of individuals. The equal opportunity commission has the first responsibility for enforcing the ADA under Title 1 and the department of labor’s office of the federal contract compliance programs has a coordinating authority of this law. The Title 1 of the American disabilities act bars employers in the private sector who employs more than 15 employees as well as labor agencies, employment agencies, management committees from discriminating dis- abled persons in the field of employment.
Title 2 of the ADA prohibits discrimination based on disability and imposes positive disability related responsibilities on civic entities that include state as well as local governments (Disability Resources).
References
Barnes, C. 2007. ‘Direct Payments’ for Personal Assistants for Disabled People: a key to independent living? (online). 2008. Web.
Disabled Americans, the Largest American Minority Group. 2006. (online). Web.
Disabled People’s Rights: The Centrality of Law in the Emergent Political Agendas. 2008. Web.
Disability Resources, Laws & Regulations. (online). 2008. Web.
Facts About the Americans with Disabilities Act. (online). 2008. Web.
Harbin. Americans with Disabilities Act of 1990. (online). 2008. Web.