Discrimination Of Individuals With Disabilities

People with disabilities suffer discrimination such as the refuse of companies to hire those peoples. An estimated 386 million of the world’s working-age persons have some kind of disability, according to ILO. In a recent research, they found that two-third of the unemployed and disable persons said that they would like to work but they could not find jobs.

“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity

Individuals with disabilities continually encounter various forms of discrimination, including intentional exclusion from certain work areas, that denies them the opportunity to compete on an equal basis and to pursue those opportunities that guarantees success in the society. To guarantee success there is expectation regarding the relationship between the employer and employee, giving close attention to the various factors that should be considered to make the person with disability successful. This paper outlines the Americans with Disabilities Act (ADA) and the terms and conditions covering employees and employers as stated in Title 1. Title 1, as amended by the ADA amendment 2008, states that no covered entity will discriminate against a qualified individual based on disability (EEOC, 2015).

As the 25th anniversary of the signing of the Americans with Disabilities Act approaches later this month, it is clear that many of the fears of the business community failed to materialize. In the first five years of the act, there was no wave of business failures tied to compliance; no wave of unqualified applicants whom businesses were forced to hire; no wave of workers suddenly claiming disability due to a bad back; and no wave of lawsuits that inundated businesses with the burden of undue legal costs. (ADA.gov, 1995). In fact, tax subsidies provided in the act helped many businesses afford to make necessary access accommodations as well as to provide other reasonable accommodations for people with disabilities, and the positive ramifications have been considerable. Up to 45 percent of the disabled population now hold jobs and are contributing to the economy, (Brault, 2012).

Every person in the organization with a disability has a different need. Organizations work around the clock in many occasions to comply with the accommodations of each individual in the organization. Educating staff in how to comply with the requirements of ADA can be quite challenging. Organizations are afraid to hire, retain or accommodate workers with disabilities because of lack of awareness of disability and accommodations issues, concern over costs, and legal liability (Kaye et al., 2011). It is therefore the responsibility of the organization to educate management about the law and train on disabilities and accommodations. The guidelines, regulations, and building codes should be implemented to make the facility more welcoming and inviting to workers with disabilities (Stryker, R. (2013).

Unlike people who had experienced discrimination against the civil rights act of 1964, the ones who had experienced it on the basis of disability didn’t have any legal recourse to redress it. Therefore, with a very strong influence from the Civil Rights Act of 1964, which forbids discrimination on the foundation of race, color, religion, sex, or national origin, and Section 504 of the Rehabilitation Act of 1973 which set people with disabilities as a legitimate minority, the ADA became the "equal opportunity" law that has set an example for the rest of the world. This act finally defined what non-discrimination was in the context of disability. The 1990 ADA added the specifications of a new conduct that should be undertaken, for instance, architectural and communication barriers should be removed by providing reasonable accommodation to disabled workers, and finally, it also imposed accessibility requirements for public spaces.

ADA has provided guidelines that need to be followed by firms and corporations to avoid discrimination against disabled recruits and employees. It necessitates employers to treat their disabled employees fairly without prejudice. It extensively applies to private owners, labor societies, state and local administrations, employment organizations, and labor executive agencies. To defend an ADA complaint, an individual must have a disability or a history of disability and more importantly the individual must prove an incidence that involved the denial of equal treatment resulting from the disability. ADA uses accessibility guidelines to show a violation imposed on disabled persons in case of barriers that that prevent these

Expansion of the disability programs and the poor employment rates of adults with disabilities have become major concerns for Social Security and disability policy makers across the country. Disability law, culture, and policy, as reflected most directly by the passage of the Americans with Disabilities Act of 1990 (ADA), has undergone a dramatic shift toward the equal employment of persons with disabilities. The ADA prohibits discrimination against persons with disabilities in employment, governmental, and local services, public accommodations, insurance, telecommunications, and public transportation. Dramatic, positive changes affecting the lives of persons with disabilities are occurring in public attitudes and behavior toward individuals

It is reasonable to argue that, over the last century or so, the United States has made great strides in addressing issues of injustice. Feminism, the Civil Rights movement, and activism from gay men and women have transformed laws and greatly changed the ways in which these populations were once perceived as inferior. There are still major conflicts regarding race relations, just as issues remain with other minorities and women's rights. At the same time, there has been remarkable progress, indicating a nation more aware of its ethical obligation to treat all equally. To some extent, this same awareness goes to the disabled. Unfortunately, this is a population still very much victimized by bias, and because

The Americans with Disabilities Act (ADA, 2010) forbids any discrimination against those with disabilities. The policy applies to employment, public accommodation, commercial facilities,

The Americans with Disabilities Act initiated on July 26, 1990 was not the beginning of the disabled rights movement (Mayerson). The effort to break the barriers of exclusion of the disabled from society began with committed people who voiced the rights of millions of disabled citizens. During the 19th century the disabled were often forced into insane asylums for the good of society and often received mental and physical abuse (Brignell). Fortunately, there have been noticeable improvements for recognizing the justice of the disabled as members of society. In 1973, the segregation of the disabled is recognized by section 504 of the Rehibilitaion Act as discrimination. Since the Americans with Disabilities Act, they can participate in the

In the case study “Limited Access” about Kanisha, a college student who is paralyzed from the waist down. Furthermore, she is having problems finding appropriate parking and is looking annexed, tried and depressed; one of her professors has made insensitive/prejudice remarks about her wheelchair in his classroom. We will look at specific statements in the NASW Code of Ethics that address these issues as it relates to this case study such as discriminating against people with physical disabilities, service and social justice.

When discussed what, it means to be a discriminated or oppressed as an individual, especially a person with an intellectual disability, we must first look at the terminology and how it will be relatable for their circumstances. For discrimination, it is described as people or groups of people, which include race, class, gender, age, sexual orientation, who are and continued to be defined as “other,” when they are perceived through “dominant” group values. These groups are treated in exclusionary ways, and subjected to all kinds of social injustice and economic inequality, (Anderson & Collins, 2013). In other words, persons with intellectual disabilities tend to be treated less favorable, or not given

Over the years, the workplace has experienced several instances of discrimination. In attempt to stop the discrimination, Title VII was passed. Although Title VII helped employers in terms of race, color, gender, religion and national origin, those who had disabilities continued to face the frustration of disability barriers in the workplace, given disability was not one of the listed protected classes. Employers abstained from hiring the disabled in fear of them not being able to perform at the same level as the other employees or the attitudes of such employees towards the disabled workers. Of course, there was some legal protection against discrimination: The Vocational Rehabilitation Act of 1973, but this law only applied to employees

Employers and those providing services must make reasonable adjustments to their services to ensure that they are not discriminating against disabled people. Education providers were exempt, prompting discussion about continued tolerance of discrimination against children and young people.