Americans with Disabilities Act - Free Essay Example

Introduction There is a famous saying that the chain is as strong as its weakest link. Similarly the economy is as strong as the lower unemployment rate. The people who have limited functionalities have to face certain barriers in employment, in transportation when traveling, telecommunications public services and accommodations and these barriers have an astounding effect on the economy and increase social costs on American society. This has damages the efforts of people with limited functionalities to be educated, find employment and be one of those people who contribute their part in the society, The Americans Disabilities Act (ADA) is now working on removing these barriers that are face by the disabled. This will increase the skills and talents of the individuals with disabilities, in return which will increase their purchasing power. This ultimately means that all Americans will increase their living standards. The key of increasing the living standards of indivi duals with disabilities is that just like other minorities in terms of origin; religion, gender, and race also get civil rights protections by the ADA. This opportunity puts individuals with limited functionalities in the position, just like others, to remove the barriers they face mentioned above such as employment, transportation, telecommunication and public services. The main purpose of this booklet is that it offers the answers to the frequently asked questions (FAQs) about the American Disabilities Act (ADA) Background People with disabilities are found everywhere since the beginning of time and America is no exception. Individuals with disabilities always had to face barriers and were not getting facilities as others had. This was unacceptable for them and they decided to do something about it. They challenged all the barriers that were stopping them from everyday activities in the community. The parents of the disabled individuals decided that the differentiation and e xclusion was enough, in result they created small groups that would stand up for the rights of these individuals. These groups, over the passage of time, developed and a movement was emerged. This movement challenged against those who said that these people with disabilities should be institutionalized. This independent movement worked hard and provided services to the disabled individual just for them to live and be a part of the community. In 1988 the Americans Disabilities Act (ADA) was introduced to the congress and on July 26, 1990 it was signed in the ceremony that took place at the White House. The History of the ADA: A Movement Perspective by Arlene Mayer son 1992 Americans with Disabilities Act (ADA) was the first act of its kind as it looked at the Passed by Congress in 1990, It comprehensively looked at the whole nations civil rights law and its main purpose was to monitor the everyday needs of the disabled individuals, eliminating discrimination in different fields of life such as employment, public services housing, and sources of communication. EEOC was allowed implementation power for Title one of the Act, the job differentiation allocations. There are some cases of discrimination under the ADA  · A 1993 agreement order rectifying a declaration alleging dissimilarities based on disability in a health insurance scheme of union which restricted lifespan interests for AIDS to $50,000, while allowing benefits up to $500,000 for other disaster situations. The Defendant Company and union were willing to spend $100,000 for medical allowances and to withdraw the limit on AIDS reportage retroactive to the ADAs effectual date.  · A 1993 decision maker judgment detecting a security organization had dismissed its executive director due to his illness of brain cancer, however he had performed the important tasks of his job continuously. In support of the imposing party, EEOC assured $220,000 in pay back.  · A 1997 deci sion maker judgment detecting that Wal-Mart had differentiated by declining to hire an individual who used a wheelchair due to his disability. EEOC launched a videotape to show that how many physically challenging activities performed by charging party during his daily life. The jury gets award $8,399 in back pay, $75,000 in recompense destruction, and $3.5 million in disciplinary damages (which was lessened to $225,000 because of the statutory cap on disciplinary damages). The Purpose of the ADA The main reason for the ADA is to show a clear mandate on a national level in order to eradicate the discrimination that an individual with disabilities might face in their daily lives. This act makes sure that the goals are same nationwide to give an equal chance and the opportunity to participate completely and live a total independent, self sufficient, standard and economic life. The ADA also helps other disability programs which are funded by federal taxes and reduce federal payme nts for social security income. In July 1992 the rules for hiring and withholding the disabled employees were taken into effect by the EEOC and The Justice Department in the different organizationsà ¢Ã¢â€š ¬Ã¢â€ž ¢ workplaces where there were 25 or more employees and in July 1994 in those organizations workplaces where the range of employees is between 14 to less than 25. The rules before taking effect were sizably looked into and the important input was provided for finalization by both parties which were of course organizations providing employment and groups representing disabled individuals. The basic purpose of these rules is to keep the equality between the needs of employers and disabled individuals. There are some arguments that this act already exist in the section 504 of the Rehabilitation Act, yes but the fact is that the ADA does somewhat work according to the employment provision of this act but the section 504 Rehabilitation Act is limited to only the those orga nizations employer who work with or for the government, but the ADA took this one step further it comprehensively covered the larger organizations which included the universities, entities of the government and medical institutions. This Act did not apply on many small level businesses as they were exempt. The major difference between section 504 Rehabilitation Act and the ADA is that the Section 504 was a corrective law that offers the standards for judging if a person was facing discrimination. It permitted the employers to determine if the person who is a potential or current employee is facing any medical condition or any limitation in functionality by using the medical reports and inquiries. On the other hand the ADA assume beforehand that no matter what, that the disabled individuals will be discriminated by the employers. The ADA wants to limit the information that an employer knows and also limiting any legal preparation that might lead to discrimination and prevent it be forehand. Employer impact: This paper reproduces the latest results that the unemployment rate between all disabled Persons have increased since the ADA. If we see this very closely, at this incline, however, shows that the source of this measured incline in unemployment is the outcome of a huge decline in the rate of labor force participation from disabled. However due to this potential concern, more analysis shows that this decrease in the rate of labor force participation was not the outcome of the disabled running the market of labor, but, inspite this, the more probably the outcome of re-classification of non-disabled, non-participants, as disabled. The unemployment probability among the disabled has literally incline, and may have actually upgrade somewhat for specific disability classifications. The outcomes are constant between two separate data sets and inflectered by a state-level study. However the comperative employment posts of the disabled has not worsen, the abs ence of remarkable effect of the ADA does grow the matter of the advantges of its labor market allocations. References: https://adata.org/ https://webaim.org/articles/laws/usa/ada U.S. Department of Justice (February 16, 2011),2010 Revised ADA Requirements: Effective Date and Compliance Date Civil Rights Act of 1964Archived14 November 2009 OBrien, Ruth, ed. (2004).Voices from the Edge: Narratives about the Americans with Disabilities Act. Oxford University Press US.ISBN978-0-19-515687-4. Retrieved 2009-05-01. 2010 ADA Standards for Accessible Design. Ada.gov. Retrieved on 2013-08-15.