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Discrimination and Affirmative Action
Title I of the Americans with Disabilities Act (ADA) enforced by the U.S. Equal Employment Opportunity Commission (EEOC) prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. Title I of the ADA also generally requires covered employers to make reasonable accommodations -- changes in the workplace or in the way things are usually done that provide individuals with disabilities equal employment opportunities." (U.S. Equal Opportunity Commission, 2008) In order to meet the ADA's definition of disability the individual must have a "physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. This definition of disability may differ from the definition used in other laws. For example, the term "disabled veteran" means an individual who has served on active duty in the armed forces, was honorably discharged, and has a service-connected disability, or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department." (U.S. Equal Opportunity Commission, 2008) In addition, it is important to note that under the ADA "an individual with a disability also must be "qualified" for the job the individual has or wants. To be qualified, an individual with a disability must meet the employer's requirements for the job (such as education, training, skills, or licenses) and must be able to perform the job's essential or fundamental duties, with or without reasonable accommodation."( U.S. Equal...
An employer, therefore, may -- but is not required to -- hire a qualified individual with a disability (including a veteran with a service-connected disability) over a qualified applicant without a disability." (U.S. Equal Opportunity Commission., 2008) Federal agencies may use what is called "special hiring authorities" if they wish to hire those with disabilities and in some cases must provide preference to those who are veterans including disabled veterans when hiring or promoting.
It is reported that affirmative action programs include: (1) the multi-year Affirmative Action Program Plan for minorities and women, (2) the Federal Equal Employment Opportunity Recruitment Program (FEORP), (3) Disabled Veterans Affirmative Action Plan, (4) Affirmative Action Plan for Persons with Disabilities, and (5) any other initiative or program which is aimed at providing equal opportunity in employment for the purpose of achieving a representative and diverse workforce. (United States Department of Justice, 2003)
The U.S. Department of Justice additionally reports that the FEORP or Federal Equal Employment Opportunity Program complements the action items that are included in the affirmative action plans pursuant to "EEOC Management Directives and the Disabled Veterans Affirmative Action Plan." (United States Department of…
Bibliography
Chapter 4-1, Equal Employment Opportunity Program (Sept. 12, 2003) U.S. Department of Justice. retrieved from: http://www.justice.gov/jmd/ps/chpt4-1.html
Dunn, CP (1997) The Normative Defense for Affirmative Action. Journal of Management Inquiry. Retrieved from: http://www-rohan.sdsu.edu/faculty/dunnweb/pubs.aa.html
ETERANS WITH SERVICE-CONNECTED DISABILITIES AND THE AMERICANS WITH DISABILITIES ACT (ADA): A GUIDE FOR EMPLOYERS (2008) U.S. Equal Opportunity Commission. Retrieved from: http://archive.eeoc.gov/facts/veterans-disabilities-employers.ht
NSPECTOR GENERAL INSTRUCTION 1440.1 (2005) SUBJECT: Equal Employment Opportunity Program. Department of Defense. Retrieved from: http://www.dodig.mil/fo/Foia/ERR/IGDINST%201440.1%20IG%20Signed%2011-09-05.pdf
Affirmative Action/Equal Opportunity The policies of affirmative action aiming at assisting the black Americans are of recent origin. The policies have sought its origin to varied sources like legal structure, executive instructions, and court rulings. It was during the last three decades that these policies were being developed and they have become debatable as well. (Legal History) During the last three decades of the nineteenth century, a large number of African-Americans
Affirmative Action: Why We Need to Reform It It is widely believed that the American society is a "melting pot" where members of racial, ethnic, religious, and sexual minorities eventually mold into the mainstream, becoming full-fledged citizens of the country. The reality, however, is much more complicated. While it is true that America offers many opportunities to all its citizens, there is a history of discrimination against minority groups that affects
Affirmative Action At its most objective definition, affirmative action entails "positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded." Affirmative action acknowledges the presence of institutionalized and systematic forms of discrimination: which may not be apparent to members of the dominant or privileged culture. For example, white males will not even notice that no Blacks
Affirmative Action Ever since the upheavals of the 1960s precipitated a fundamental change in the way the United States regards civil rights, the notion of affirmative action has been regularly discussed and misunderstood throughout the national discourse. Requirements that certain employers enact affirmative action plans began with an executive order on the heels of the Civil Rights Act of 1964, Title VII of which specifies that employers may not discriminate on
This is a particular problem at the nation's colleges and universities. This has become so much of an issue that law suits and verdicts have been handed down in some states. One of the most famous cases to date involved the University of Michigan's undergraduate and law school policies. These cases are Gratz v. Bollinger and Grutter v. Bollinger. In 1997, Jennifer Gratz, a white woman, sued the University of
Affirmative Action is the set of public policies and initiatives designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin. Affirmative action was set into place during the 1960's. Focusing in particular on education and jobs, affirmative action policies required that active measures be taken to ensure that blacks and other minorities enjoyed the same opportunities for promotions, salary increases, career advancement, school