People With Disabilities: A Policy Analysis

Despite the fact that the Americans’ with Disabilities Act was put into place in 1990 outlawing employers discrimination against disabled workers, there continues to be issues for those with disabilities when it comes to employment.

Taking over for a legend can be tough. Regardless of past success or stature, the new host of a nightly show in America faces endless challenges. Just think about the failed Jay Leno to Conan O’Brien transition The Tonight Show had on its hands in 2010. Conversely, The Late Show’s transition to the Stephen Colbert era after the iconic David Letterman appears to be smooth sailing so far.

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).

Individuals with disability have had a long history of maltreatment in America. From being thought of as possessed individuals in need of exorcism, targeted for heinous experiments, unknowingly sterilized, being labeled imbecile, feeble minded, and retarded, to being shipped off to state schools or mental asylums, those with disabilities were given no consideration as a valuable and able to contribute member of society. In a speech to congress, Frank Bowe, a highly educated deaf-man highlighted this claim by stating, “we are not even second-class citizens, we are third-class citizens” (Bowe, F. 1977--need citation), and Jim Cherry (2001) furthered the ideal in his words, that prior to “1970 we [disabled citizens] had no right to education, to employment, to transportation, to housing, or to voting. There were no civil rights laws for us, no federal advocacy grants. Few people looked beyond our medical needs” (Cherry, J.L, 2001 http://www.raggededgemagazine.com/0701/0701cov.htm). Section 504 of the Rehabilitation Act of 1973 attempted to fundamentally change how disabled people were reguarded.

The ideology behind the ADA is inclusion. As stated in its preamble, individuals with disabilities are equal to every other human being, in regard to laws and civil rights. They should be allowed the same opportunities as the rest of the population to participate in all aspects of life (Introduction to ADA, 2014). Dana Lee Baker stated in her book on neurodiversity and public policy that terming a difference or an impairment as a disability is subjective and based on cultural views of how it relates to an individual’s function in society. For instance, being left-handed was once viewed as a threat to the health of the individual. Today being employed is a major function of the western culture; however, during some historical times, having to seek paid employment was seen as an impairment. Since functionality is the primary gauge for a disability, the farther a person is from the standard level of function, the greater the need is to protect the person’s civil rights in order for them to share membership in a society that views them as dysfunctional. The view of functionality changes over time and the ADA of 1990 had the task of bridging the changing definitions (Baker, 2011). Rosemary Chapin stated that the goal of the policy is not to emphasize the shortfalls of the individual, rather to view the disability “as the gap between a person’s capabilities and the environment’s demands” (Chapin, 1995, para. 23).

The emerging trend covered in for this week’s readings involves workers with disabilities. The title of the case is Walgreens Leads the Way in Utilizing Workers with Disabilities (Gomez-Mejia, Balkin, & Cardy, 2012). This case gives the reader the ability to understand the need for Equal Employment Opportunity Laws. Also, the case gives one an opportunity to see how these laws actually help these cases. Even more, it supports the idea of how it is very important to give those individuals with disabilities an opportunity to seek work and maintain and healthy life style. The law that this group affects is the Americans with Disabilities Act (ADA) signed in 1990 (Gomez-Mejia, Balkin, & Cardy, 2012). This law helps and benefits many individuals in America. It also helps organizations to bring positive attention to their corporations, if they choose to employ workers with disabilities. Above all, it is very important that human resource departments across the nation pay very close attention to these laws. Not only will it be against the law to break regulations set by such acts, but it will also be unfair not to give these individuals an opportunity to apply for a job. This project will summarize the case and will focus on two key learnings from it.

This analysis looks at the work of Sara Rosenbaum, the editor of “D, The Americans with Disabilities Act in a Health Care Context” peer review article. It covers various subjects about the American with Disability Act (ADA). The subjects are an overview of the ADA, the ADA and access to health care, and the ADA and health care coverage and financing. Rosenbaum has put emphasis the importance of the ADA in the health care. In addition to that, there are highlights of the ADA standards and regulations. This peer review article has made me aware that people with disabilities do belong and that they have

The topic in regards to the disabled worker is of interest to the author. The commentary is titled “Accommodation for Disabled Workers: Knowledge of Rights a Good Start” at the Rand Corporation blog by author Kathleen Mullen. The article describes how employees quitting their jobs because of healthcare decline and applying for social security benefits. As a number of social security benefits increase it puts US funding at risk. The author knows several disabled workers that are faced with working with a health-related disability. Additionally, they are challenged to take care of their families in spite of their disability. The disabled subgroup often expresses that they feel misunderstood by the world. The disabled person is betwixt and in between.; society expects the

In 1973 the section 504 rehabilitation act banned discrimination on people with disabilities. “For the first time, the exclusion and segregation of people with disabilities was viewed as discrimination” (Mayerson). People thought that people with disabilities that were unemployed and uneducated was “inevitable” (Mayerson). People fighting for the disabled proved that this was wrong and needed to be changed. The Americans with Disabilities act changed nothing for the employment for them, and by 2018 people with disabilities were still getting wages 40 percent below a “healthy person’s” (Picker). But, despite some unchanged discrimination the fixing of the equality between the disabled and nondisabled, right now, is that the Americans

The United Nations Convention on the Rights of Persons with Disabilities is of the view anyone with or without a disability should be given the same rights. Human Rights are what it says that they are “universal and enjoyed by everyone”. (Hale 2014: p12). Needless to say many critics describe DoLS as “not fit for purpose” (Taylor 2012: p. 2). Bartlett (2014) raising a point the ECHR

The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for

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

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.

In recent news, the famous law firm, Seyfarth Shaw, claimed that the number of cases based on Title III of the Americans with Disability Act, have increased over the year by 63% in 2015. The act makes it illegal for the businesses to discriminate on the basis of a disability when they are open to general public for hiring. The law is applicable to a variety of general public direct interaction based industries including housing, construction, school, teaching and day care therefore, had the law been in real practice and implemented in force the discrimination would have not taken place. Discrimination is taking place at a much higher rate than ever before because of all the cases that are flooding the court system.

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).