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Americans With Disabilities Act
The case of the State College with the disabled student, who does not have access to the music building, is troubling. This is because the Administration has refused to make any kind of modifications to the structure in order to accommodate disabled persons. For this student, he must have someone physically carry him up and down the stairs to his classes. This is humiliating for him and has led to him not being able to focus on his education. After several attempts to have the school install ramps, they are continuing to claim that it is not cost effective. This is problematic, as it is showing how there are legal issues surrounding this case. To fully understand what is happening requires looking at: the facts, issues, legal concepts and conducting an analysis of these ideas. Together, these different elements will provide the greatest insights as to…
ADA Accessibility Guidelines. (2012). Access Board. Retrieved from: http://www.access-board.gov/adaag/html/adaag.htm
ADA Questions and Answers. (2012). EEOC. Retrieved from: http://www.ada.gov/q&aeng02.htm
Americans with Disabilities Act. (2012). Find Law. Retrieved from: http://finduslaw.com/americans-disabilities-act-1990-ada-42-us-code-chapter-126
American ith Disabilities Act
The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990 as Public Law 101-336. However, the law didn't become effective until January 26, 1992. The ADA is federal legislation that opened up services and employment opportunities to the millions of Americans with disabilities. This law was written to help balance the reasonable accommodation of citizens' needs and the capacity of private and public entities to respond. It was put into place to get rid of illegal discrimination and level the playing field for disabled individuals.
In advocating rights for disabled people, many have worked to establish several important principles. One is that they be considered on the basis of individual merit, not on stereotyped assumptions about disabilities. Another is that society must make certain changes to enable the disabled to participate more easily in business and social activities such as providing wheelchair…
Bretts, H. "Disabled." World Book Encyclopedia. 1994.
Carelli, R. (1999). "High Court will Review Law Shielding
Rights of Disabled." Associated Press. [Online] Available http://www.oregonlive.com/news/99/01 / st010905.html.
Florida Division of Vocational Rehabilitation. Retrieved November 25, 2002, from: http://www.rehabworks.org/
Americans With Disabilities Act and Its Impact on Business
History of the Americans with Disabilities Act and its impact on business organizations today
American Disability Act (ADA) is one of the laws defined by the legislatives of the U.S. In order to provide a meaningful and optimistic impact for the people with disabilities. The Americans with Disabilities Act (ADA) provides all the individuals with the civil rights protections who confront with disabilities on the basis of race, sex, national origin, or religion (Miller & Jentz, 2007).
This means that according to the law, the segment of job market, transportation, public accommodations, state and local government services and every other field must provide equal opportunities for all the individuals with disabilities and must not reflect a discriminative conduct. Employers are prohibited to discriminate or have biased attitude against any individual with disabilities who is well qualified for the particular job or…
Miller, R.E. & Jentz, G.A. (2007). Business Law Today: The Essentials. 8th Edition. USA: Cengage Learning.
Stoll, P.T. & Schorkopf, F. (2006). WTO: World Economic Order, World Trade Law. Netherland: Martinus Nijhoff Publishers.
American's ith Disabilities Act
American's Disabilities Act
The Americans with Disabilities Act (ADA) of 1990 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. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments (U.S. Department of Justice).
The passage of Section 504 of the 1973 Rehabilitation Act marked a profound and historic shift in disability public policy. Section 504 banned discrimination on the basis of disability by recipients of federal funds. This legislation was modeled…
DeLeire, Thomas. "The Unintended Consequences of the Americans with Disabiliites Act." Regulation Magizine, Vol. 23, No. 1. (2000, Spring) . 5 March 2012.
Mayerson, Arlene. "The History of the ADA: A Movement Perspective." Disability Rights Education & Defense Fund. (1992). 5 March 2012.
Sparks, Kevin. "Pros & Cons of ADA." eHow.com. 4 June 2011. 5 March 2012.
U.S. Department of Justice. "Americans with Disabilities Act." U.S. Department of Justice -- Civil Rights Division. 14 November 2008. 6 March 2012.
Americans With Disabilities Act Case Study
(1) If such a situation occurred in your workplace and you were the Director of Human Resources would you deem Karina disabled under the ADA? If so, what reasonable accommodations would you offer to her?
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities. An individual with a disability is reported as a person who:
(1) Has 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. ( )
An employee or applicant who is qualified with a disability is an individual who"…with or without reasonable accommodation, can perform the essential functions of the job in question." ( ) Reasonable accommodations are reported to include but not be limited to the following:
(1) Making existing facilities used by employees readily…
Facts About the Americans with Disabilities Act (nd) The U.S. Equal Employment Opportunity Commission. Retrieved from: http://www.eeoc.gov/facts/fs-ada.html
Disability Resrouces: Americans with Disabilities Act (nd) Disability Reosurces. U.S. Department of Labor. Retrieved from: http://www.dol.gov/dol/topic/disability/ada.htm
Americans with Disabilities Act (ADA) was signed into law last July 26, 1990. As a bill, the ADA enjoyed strong support from then President George Bushy. It was overwhelmingly approved by both houses of Congress, garnering only six nay votes in the Senate and only 28 in the House of Representatives (Hudgins 1997).
Part of the reason why the ADA enjoyed strong bipartisan support was its focus on individual civil rights. hile previous laws have made it unlawful to discriminate against individuals on the basis of race, gender or religion, the ADA has made it illegal to discriminate against people based on their disability. Under the new law, a person's disability -- whether physical or mental -- should not be a basis for decisions regarding employment. Furthermore, people who have disabilities should also e allowed access to public places, like schools, theaters and shopping malls ("Disability and the Americans with…
Disability and the Americans with Disabilities Act." 2000. World of Health. Gale Group
Dollar General Settles EEOC Suit." 2003. Charlotte Observer. May 2. Newspaper Source Database.
High Court's ADA Ruling Leaves Some Accommodations Questions Unanswered." 2004. HRM Magazine. 49(1). January. EBSCO database.
Hudgins, Edward. 1997. "ADA Regulations Are Unreasonable and Ineffective." The Disabled. Brenda Stalcup, Ed. Current Controversies Series. Reproduced in Opposing Viewpoints Resource Center. Farmington Hills, Mich.: Gale Group
The Americans with Disabilities Act and The ehabilitation Act of 1973 requires all employers to make reasonable accommodations for employees with disabilities and does not specify the types of disabilities which are protected, leaving this decision up to the courts to decide when there is a dispute. Employers with more than 15 employees who will not suffer undue hardship from making such accommodations must abide by the ADA. "The ehabilitation Act also goes beyond providing legal protections. It provides for direct services to people with disabilities which help them to become qualified for employment" (Leuchovius 2014). I predict in the future that the range of disabilities will be expanded considerably, including a wider range of mental health conditions and unseen disabilities, versus those more obviously manifested in a physical way, such as veterans with PTSD.
Labor unions are considerably more powerful in Europe. Germany, for example, has…
Allen, F. (2011).How Germany builds twice as many cars as the U.S. while paying its workers twice as much. Forbes. Retrieved from:
Bigman, D. (2013). How General Motors was really saved. Forbes. Retrieved from:
Employment Law & ADA Discrimination
Though the breadth of Employment Law is extensive the common thread running through the field is that legal protections are provided to individuals in the American workforce whose opportunities cannot be preserved without legal recourse. Among the most vulnerable of groups are those individuals who are considered disabled.[footnoteRef:1] As such, this paper discusses both the evolution of the Americans with Disabilities Act of 1990 and the ADAAA of 2009[footnoteRef:2], and does so in the context of identifying future challenges in implementation due to technological advances in the workplace. The ADA and the ADAA are concerned with more broadly issues of accommodation including those outside of the workforce. This paper, however addresses the ADA of 1990 and the Amendments within the context of employment and employment discrimination litigation. This paper explores whether employer concessions and workplace modifications for qualified disabled employees will run into technological barriers…
The ADAAA has served to increase the pool of potential litigants in unemployment discrimination cases where the cause of action is violation of the ADA provisions. It has done so primarily by overturning Supreme Court cases such as Toyota and enacting sections which grant the EEOC greater regulatory authority. It remains to be seen whether Congress has actually succeeded in forcing the courts to take an expansive definition and approach to disability.
Lessons from the history of the first version of the ADA enacted in 1990 and its predecessor from the 1970s informs us that the true definition of the ADAA 2009 and its implication in the workforce at large and with respect to the role of technological advances will be hammered out in the court rooms across this country. Of particular note is the impact that legislation surrounding the definition of personhood and the nature of biological modifications will have on the definition of what constitutes a workplace accommodation. Will employers someday be required to alter their potential employees vis-a-vis the provision of biological and genetic enhancements? That much remains to be seen, what is clear is that the changes in the ADAAA were not sufficient to eliminate the ambiguity which will arise when the very nature of American workplaces and the genetic constitution of the worker are both altered.
pecifically, the ADA recognizes disability that results from physical or psychological disabilities that have detrimental effects on any part of life that is considered a "major life activity." Generally, those activities are those that are, ordinarily, "basic components" of a person's life. Typical examples of "basic components" of a "major life activity" would be seeing, hearing, walking, communicating, and learning.
Title I also prohibits any form of discrimination in hiring and promotions against the disabled. American with Disabilities Act Title II requires all state and local governments and municipalities to make "reasonable accommodations" to enable the disabled fair access to their buildings and facilities, and to the equipment of their public transportation systems. American with Disabilities Act Title III establishes similar obligations on private businesses and on most other commercial facilities that are generally open to the public.
Relevance to the Modern Workplace and Health Information Management
In the modern…
Edwards, G.C., Wallenberg, M.P., and Lineberry, R.B. (2009). Government in America: People, Politics, and Policy. New York: Longman.
Goldfield, D., Abbot, C., Argersinger, J., and Argersinger, P. (2005). Twentieth-Century
America: A Social and Political History. New Jersey: Pearson.
The Act is not adaptable, it is not distinct in nature and it is costly to implement (eynolds, 1995). These factors have allowed the public to disregard the members of the society that were supposed to be protected by the Law. It has been difficult to distinguish the groups that are protected by the Act, to ensure the Act is understood and applicable, the Act should be refined, reworded and simplified to ensure that it is easily understood and adapted (Lande, 1998).
Employers have in a greater way been able to deny disabled people employment although the disabled person may be in a position to perform most of the responsibilities; they are not given the opportunity to prove their ability to perform. The employer refuses to hire the person not on the basis of inability to perform but because they are physically disabled (Shaw, 2008). Whenever an employee is terminated…
Shaw, K. (2008). The Disability Rights Movement -- The ADA Today. Academic Search Premier 4(2), 20-25.
Meneghello, R., & Russon, H. (2008). Creating a Movement: The First 18 Years of the ADA. Academic Search Premier. 4, 21-25.
Hermes, J. (2008). Attempt to Broaden Disabilities Act Concerns Some College Officials. Chronicle of Higher Education. 40, A23-A23
Lande, R. (1998). Disability law: Problems and proposals. Southern Medical Journal, 6, 518.
In addition to a lightened burden of proof and broader definition there were two additional changes resulting from the amendment which served to positively affect the impact and ultimate effectiveness of the legislation. This amendment clarified the fact that judges are not allowed to assess possible mitigating factors such as medication, corrective surgery, or specialized equipment in the determination of whether or not an individual is disabled. This change is directly related to the Sutton case. Further the amendments clarified the definition of major life activities. This amendment relates directly to the Williams case in which a judge deemed that Carpal Tunnel wasn't in fact a significant impairment to major life activities, it merely precluded her from successfully completing specific tasks in the work place. Though the language of the Act is still quite ambiguous, these changes help to clarify and protect the intention of the act.
1. Disability Discrimination Act 1995. (c.50), London: HMSO.
2. Schall, C., 1998. The Americans with Disabilities Act -- Are we keeping our promise? An analysis of the effect of the ADA on the employment of persons with disabilities. Journal of Vocational Rehabilitation, 10(3), pp.191-203.
3. Stowe, M., 2000. Interpreting "place of public accommodation" under Title III of the ADA: A technical determination with potentially broad civil rights implications. Duke Law Journal, pp. 297- 329.
4. Grabois, R., Nosek, M., & Rossi, D., 2005. Accessibility of primary care physicians' offices for people with disabilities: An analysis of compliance with the American with Disabilities Act. Archives of Family Medicine, 8, pp. 44- 51.
American Disability Act and Affirmative Action Act
Critique of Modern Civil ights Acts
The quest to ensure that every American's civil rights are guaranteed is still being waged today. New populations of disadvantaged are continuing to be guaranteed by modern legislation the same every day benefits the majority of the population often takes for granted. Acts like the American Disability Act and the Affirmative Action Act are continuing to provide for the American people to ensure that everyone gets the same benefits and rights; although some of these acts have been more successful than others.
The American Disability Act was a monumental piece of legislation aimed at helping protect the rights of vulnerable populations. For generations, there was little vocational protection for the disabled in the work environment. This often led to wrongful termination and even a complete lack of hiring people with disabilities. In 1990, the president Bush passed…
Dale, Charles V. (2005). Federal affirmative action law: A brief history. CRS Report for Congress. Web. http://www.au.af.mil/au/awc/awcgate/crs/rs22256.pdf
U.S. Equal Opportunity Employment Opportunity Commission. (2008). Facts about the American Disability Act. Web. http://www.eeoc.gov/facts/fs-ada.html
The well-known Americans with Disabilities Act (ADA), the EEOC, Department of Homeland Security and the Department of labor outline the various provisions that are formatted to ensure the people with disability, the minority groups, and every caliber of Americans have equal access to the employment opportunities. The laws and provision are meant to ensure the people with disability live a normal and comfortable life, there is a reduce discrimination in term of color, race, country of origin, religion or sex. The EEOC for instance ensures that the rule of law is followed in employment and no single organization uses the neutral laws to disadvantage a given group or individual.
The ADA is mandated to ensure the Americans living with disability enjoy equal employment opportunities, equal rights to access and enjoy State and Local Government Activities, easy access to public transport, access and equal utilization of public accommodations, fair…
Edie Grace, (2010). Discrimination against the Disabled in the Workplace. Retrieved May 5,
2011 from http://www.ehow.com/about_6744403_discrimination-against-disabled-workplace.html
U.S. Department of Justice, (2006). A Guide to Disability Rights Laws. Retrieved May 5, 2011
American Association of People with Disabilities (AAPD)
American Association of People with Disabilities
The American Association of People with Disabilities (AAPD)
Purpose and structure
The American Association of People with Disabilities (AAPD) is the largest cross-disability membership organization in the nation. The agency serves multiple purposes, the most fundamental of which is advocacy. Established in 1995, the agency's original objectives were twofold: (1) to be a voice for and implement the policy goals of the Americans with Disabilities Act (ADA) -- which had been enacted in 1990 -- and (2) to unite a wide diversity of people with disabilities into a community, bringing together the many disability-specific organizations that made up the landscape. The American Association of People with Disabilities holds that joining the diverse constituencies of the disability community -- people with physical disabilities, intellectual disabilities, developmental disabilities, sensory disabilities, psychiatric disabilities, and chronic health conditions --…
Affirmative Action, Stanford Encyclopedia of Philosophy.(2009). Retrieved http://plato.stanford.edu/entries/affirmative-action/
American Association of People with Disabilities Annual Report 2008-2009. Retrieved
Buskey, F., and Pitts, E.M. (2009). Training subversives: The ethics of leadership preparation. Phi Delta Kappan, 91(3), 57-61. Retrieved July 7, 2011 from EBSC host, http://web.ebscohost.com/
sign language in public settings for people who are deaf.
Writing notes as a way to communicate with people who are deaf is convenient, for people with normal hearing, and recommended, by people with normal hearing. In the world of hearing people, recommendations for using note writing as a way to communicate with people who are deaf is common.
Communication at work. Employers are advised to supplement their communication with employees who are deaf by writing notes. For example, Equal Access Communication, an advocacy organization suggests that supervisors may wish to keep a white board or a chalk board by the work area of an employee who is deaf. The supervisor is reminded to keep the writing simple and concise, first establishing the subject to be discussed and then providing an explanation. Further, the supervisor is reminded that the person who is deaf may experience difficulties understanding idioms or double…
Emmorey, K., Borinstein, H.B., and Thompson, R. (n.d.). Bimodal bilingualism: Code-blending between spoken English and American Sign Language, The Salk Institute for Biological Studies and University of California, San Diego. Retrieval http://emmoreylab.sdsu.edu/pdf-bilingual/bilingual1.pdf
Teplin, E. (2008, August 26). Representing deaf and hard of hearing people: Legal requirements & practical suggestions. The Hennepin Lawyer. Retrieved http://hennepin.timerlakepublishing.com/article.asp?article=1246
Internet sources accessed http://www.signofthetimes.us/Medical.htm
Linguistics 1 / Anthropology 104: Fall 2004
American Sign Language
Learning and using Sign Language will be pretty easy to do because there are so many books and web sites available that teaches it to anyone who wants to learn.
In life, people usually take things for granted like the ability to speak and hear. For the last few weeks I have been hanging out with my friend named XXXX. Until I really got to know her, I know that I sure took the ability to listen for granted. I have always seen myself as a healthy individual and my parents have always been very supportive by telling me that I'm pretty smart. So why wouldn't I take those things for granted? Along comes XXXX who is deaf and needs to communicate with her friends and family by using sign language. As a bird sits in a tree near my…
Rights of Deaf And HOH Under the ADA. Ed. Omar Zak. 12/30/1995. ADA. Retrieved on 22 Oct. 2004, from .
Handspeak. Welcome to the HandSpeak. Retrieved on 22 Oct. 2004, from
Where.com. Ed. American Sign Language. Where.com. Retrieved on 22 October 2004, from
role Americans Disabilities Act 1990 plays hiring evaluation process police officers. 3. The ethical conflicts unique police psychologists.
Abelardo Morell At the indow: The Photographer's View
The Cuban-born photographer Abelardo Morell is best known for his photographic work using the technique known as camera obscura. This technique actually pre-dates contemporary photography and was used by the ancient Greeks and Romans as well as Leonardo. Camera obscura involves the use of "light passing through a pinhole into a dark room" which will "project and transpose an image of whatever lies outside" (Di Pero 2013). Morell has adapted this technique to cotemporary photography. He dates his fascination with the method to the birth of his son, in after which he became inspired to look at the world with the eyes of a child and desired to take a more domestic view of life. "I started making photographs as if I…
"Camera Obscura: The Captivating Work of Abelardo Morell." Apartment Therapy. Oct 2013.
[8 Nov 2013] http://www.apartmenttherapy.com/camera-obscura-150465
Di Pero, W.S. "In a dark room: The photography of Abelardo Morell
San Diego Reader. 30 Oct 2013. [8 Nov 2013]
The Genetic Information Nondiscrimination Act of 2008 (GINA), allows for individuals to keep their genetic information confidential, providing them protection against bias in the workplace in obtaining health insurance and other areas. GINA affects hiring practices in the workplace; it is illegal for a company to request family medical history or genetic information. If an employee feels that genetic and family medical history was obtained by an employer and that employee is subsequently fired (even if for a performance related or other reason) the employee legally has the right to claim and adverse action on the part of the employer due to the genetic information the employer received. The burden of proof would reside with the employer to prove the adverse employment action was not related to the medical information uncovered. Even casual conversations can put an employer at risk for being in violation of GINA. For example, asking…
About the EEOC: Overview. (n.d.). U.S. EEOC Home Page. Retrieved February 13, 2012, from http://www.eeoc.gov/eeoc
Fla. Town's Efforts a Disabled-Access Success Story: NPR. (n.d.). NPR: National Public Radio: News & Analysis, World, U.S., Music & Arts: NPR. Retrieved February 13, 2012, from http://www.npr.org/templates/story/story.php?storyId=5245364
Living with disabilities certainly exposes life to a variety of challenges including the challenge of securing and keeping a job. But today fortunately for most people with disabilities, increased awareness and technological advancements have given a boost to their quality of life. Also societal and legislative changes have reduced the discriminations against disabled peopled especially at work by making it mandatory on employers to make reasonable accommodations for people with disabilities. For example one such disability can be visual impairment. We are using this example to explain how disabilities are viewed under Americans with disability act and how they must be taken care of at workplace. Visual disability or vision loss can have various forms and degrees and have many different causes. Each person with visual impairment or blindness is affected differently. Some people might have low vision since birth but most have vision problems because of a disease or…
ADA, (2008). Questions and Answers About Blindness and Vision Impairments in the Workplace and the Americans with Disabilities Act, The U.S. Equal Employment Opportunity Commission, retrieved 28 March 2012 from http://www.eeoc.gov/facts/blindness.html
CDC, (n.d.). National Center on Birth Defects and Developmental Disabilities (NCBDDD), http://www.cdc.gov/ncbddd/dd/ddvi.htm .
NCHS, (2002). National Center for Health Statistics, U.S. Dept. Of Health and Human Services, Summary Health Statistics for U.S. Adults: National Health Interview Survey, 2002, Vital and Health Statistics, Series 10, No. 222 (DHHS Publication No. 2004-1550).
WHO, (2011). Visual impairment and blindness, World Health Organization, Retrieved March 28, 2012 from http://www.who.int/mediacentre/factsheets/fs282/en/
Work Disability in Small Firms
Work Disability Thesis Proposal
Is There a Problem? What is the Contribution?
ivermore, Whalen, Prenovitz, Aggarwal and Bardos (2011) explain how the connection between disability, work productivity and income benefits the whole society by reducing reliance on tax-funded support programs (p. 1). All of us have an interest in ensuring the most productivity from all workers, if stable employment for workers with disabilities frees up resources for other public or private endeavors, and turning tax consumers into tax payers will help reduce the burden for those who now pay. Given public perceptions of funding constraints and increased challenges to public services posed by an aging population majority, ensuring stable employment for everyone especially workers with disability grows more rather than less urgent over time. Even at current levels, ivermore et al. (2011) assert, "it is especially important for policymakers to have access to a wide…
A major confound undermining many survey-based research claims is selection bias, where researchers impute generalizations from convenience samples without ensuring truly random selection. This study will sidestep that issue simply by avoiding claims of incidence, because copious such data already exist in general as Markesich (2008) and Rehabilitation Research and Training Center on Disability Statistics and Demographics (2011) demonstrate, even if those data do not speak to workers' productivity and satisfaction in precisely the category of interest between large and small firms and disability compared to workers without. Avoiding claims of prevalence will enhance focus on qualitative inquiry as to satisfaction and productivity given the qualification that those responses indicate perceptions or intent, like perceived job fit or intent to quit or search for different employment. Claims couched in terms of perception and ex-ante intent rather than as ex-post quantitative events, will avoid the type of subjectivity Hotchkiss (2002) e.g. finds underlying much of the research on incidence or causality.
Likewise reporting perceptions of ability, performance and satisfaction seeks to avoid confounding subjectivity of language but also of disclosure, because counting disability as only those conditions with medical documentation or real accommodation in the workplace, would omit workers with invisible disability they may have declined to report. That official definitions restricted by documentation and disclosure understate incidence of disability in the workplace is not only logically coherent, but becoming more recognized as a growing body of research demonstrates (e.g. Hotchkiss, 2002, pp. 8-13, or Kukla & Bond, 2012, p. 14). Kruse and Schur (2003), for example, raise plausible doubt about comparing statistics as definitions
Work Disability in Small Firms Chapter II
Work disabled ChII Lit Review
Review of Literature Demonstrates Information Gap and Identifies Methods
This chapter justifies the problem statement and research questions, and locates the results among existing research. Copious data and analysis describes pronounced unemployment for potential workers with disabilities and lower income where workers with disabilities are employed, compared to the general U.S. workforce, extensive policy intervention notwithstanding. Fewer studies focus on workers or potential workers with disabilities in the Atlanta-Sandy Springs-Marietta, Georgia metropolitan statistical area, and even at the national level, very few juried reports describe productivity and job satisfaction for workers with disabilities in firms smaller than fifteen employees. Firms with fewer than fifteen employees are exempt from compliance with Title I of the ADA, but stimulating employment for workers with disabilities in these firms may improve economic self-sufficiency for this historically disadvantaged population. Conversely, if productivity and…
Policy disincentives probably affect productivity, satisfaction and employment.
Where consensus agrees is around a strong disincentive to work if medical costs covered by Medicaid exceed the level of income qualifying them for SSDI reimbursement. As numerous experts, administrators and disability employment program consumers testified to the 111th U.S. Congress in 2009 (U.S. Congress, 2011), once an individual earns more than a threshold that qualifies them for Medicaid coverage, they have to pay their medical costs out of pocket, and if those costs are more than the new earnings plus the SSDI transfer income, then the result is negative earnings plus often considerable effort and expense getting to work along with the labor of work itself. The result, not surprisingly, is often that potential workers with disability live off $674 per month income support in order not to lose Medicaid eligibility by earning more than qualifies them for federal health care coverage, i.e. $940 in one month (C. Bates-Harris, qtd. In U.S. Congress, 2011, p. 23-25), if total earnings become less or negative covering medical costs out of pocket, especially given exclusion from insurance for the pre-existing condition that justified Medicaid coverage in the first place before the Patient Protection and Affordable Care Act (PPACA). PPACA made such exclusion illegal, but the results are still too new for empirical analysis as yet. The perverse incentive generated by high-enough out-of-pocket medical costs meant that a potential worker with disability had to go from earning little enough to qualify for Medicaid, to enough that they could cover those costs out of pocket and also the foregone monthly income transfer. This might often mean many thousands of dollars per year or month if disability required ongoing medical attention, a situation experts often call the "Cash Cliff" (Tremblay, Porter, Smith and Weathers, 2011, p. 19) due to the abrupt income threshold.
Extensive testimony to Congress (2011) described problems within SSDI programs themselves. Income verification requirements where employment was successfully accomplished, for example, resulted in overpayment and then reversal of awarded transfers that left workers with obligations to reimburse SSDI for in one case $115,000 where a worker with psychiatric disability had benefits retroactively revoked for the prior six years, for "sporadically, very occasionally exceeding the substantial gainful activity level by small amounts, due to his disability, and there is no dispute that he reported his work attempts" (Landry, Anderson, Lacava and Bronstein, qtd. In 111th Congress, 2011, p. 88). Another was overpaid $60,000; another over $56,000; none of these individuals have worked since, which their program administrators attributed to their
He would sometimes be wheel chaired to the door through which he would enter to make a public appearance, but once at the door, his leg braces would be put on him, and he would rely on his son's arm for support and balance (43-48). Later, with his son's support, he was able to use a cane, and the extent of his disability was successfully downplayed by the force of his political platform and the attention he commanded with powerful words and the presentation of himself in a dignified way with strong posture (43-48).
"Deeply concerned that the image of a 'permanently crippled man' seeking to lead a crippled nation out of the Depression would be damaging to his campaign, oosevelt's aides every effort to portray the Democratic nominee as a man who had conquered polio and who could walk. As he traveled across the country, his leg braces, without…
Bardes, Barbara A., Shelley, Mark C., Schmidt, Steffen W. (2008).
American Government and Politics Today: The Essentials,
Coates, Peter A. (2006). American Perceptions of Immigrant and Invasive
Species: Strangers on the Land,
African-American and Mexican-American
Civil Rights in Texas
This essay discusses African-American and Mexican-American civil rights in Texas. The goal is to discover what some of the key events was in each the African-American and the Mexican-American battles for their group's civil rights. The secondary objective is to see how these movements resembled each other and how they differed from one another and if one was more effective than the other. As the United States and its individual states like Texas become more racially diverse, all new criteria will arise that may be more closely linked to India's caste system than to what we understand and take for granted here in the United States. Economic barriers and not racial barriers are gradually becoming the underlying motivator of the civil rights movement. In other words, being black or Mexican will not matter in regard to civil rights. If the respective…
Arnoldo De Leon. (1982). "The Tejano Community, 1836-1900." Albuquerque: University of New Mexico Press.
Alwyn Barr (1973). "Black Texans: A History of Negroes in Texas, 1528-1971." Austin: Jenkins.
Michael L. Gillette. (1978). "The Rise of the NAACP in Texas." Southwestern Historical Quarterly. 81, April.
David Montejano (1987). "Anglos and Mexicans in the Making of Texas, 1836-1986." Austin: University of Texas Press.
Representative Rosa DeLauro first introduced an identical bill in the House of Representatives on the same day. These Congresswomen have introduced identical legislation in their respective chambers annually since 2005. The Act was most recently introduced on March 6, 2007. (Absoluteastronomy.com, n.d.)
The Congress did not ignore the EPA's economic consequences on the salaries and employment opportunities for both men and women. First, as an amendment of the FLSA, the EPA is part of the same legislative structure that houses the federal minimum wage laws. The EPA acts as a wage equalizer between men and women for equal jobs, and has the potential of acting as a price floor on the salaries of men or women for particular jobs. As such, the EPA had the potential of causing some of the same problems observed by minimum wage laws: unemployment, and additional discrimination. (Absoluteastronomy.com, n.d.)
From the EEOC's initial enforcement…
Absoluteastronomy.com. (n.d.). Equal Pay Act of 1963. Retrieved February 10, 2009, from Absolute Astronomy: http://www.absoluteastronomy.com/topics/Equal_Pay_Act_of_1963
Brunner, B. (n.d.). The Wage Gap. Retrieved February 10, 2009, from Infoplease:
EEOC. (n.d.). Equal Pay and Discrimination. Retrieved February 10, 2009, from U.S. Equal
Mrs. C. does not need education and training beyond what would normally be provided any new employee with regard to policies and procedures specific to the practice of Drs. Wicklund, Howe and O'Donnell. The dentists knew about Mrs. C.'s physical limitations and agreed to make the necessary accommodations to the parking lot and the office space where Mrs. Co would be working. Since accommodations required some construction work, part of the consultation involved managing the disruption to the practice and ensuring its effects were minimally experienced by staff and patients.
To prepare for the consultation, I would create an outline of issues to be discussed with the principals of the dental practice. As has been shown, these issues would include employer benefits to hiring a person with a disability, sources for guidance to which the dentists could refer, and a discussion of the physical accommodations that would…
Brigman, G., & Webb, L. (2008). An individual psychology approach to school counselor
Consultation. Journal of Individual Psychology, 64 (4), 506-515.
Retrieved from Academic Search Premier database.
Pransky, G.S., Shaw, W.S., Franche, R., & Clarke, a. (2004). Disability prevention and communication among workers, physicians, employers, and insurers -- current models and opportunities for improvement. Disability & Rehabilitation, 26 (11), 625-634.
" (Lindsey, 2004, p.1) it is interesting to note that one of the young protestors stated: "[the world leaders] are sitting over there on Sea Island having their little party only talking about how to fix things, but we are over here actually doing something to make things better" -- Laurel Paget-Seekins (Lindsey, 2004, p. 1) the U.S.A. Patriot Act has been touted to do just this - or to make things better in terms of security of American citizens and it is certain that the provisions of this Act have served to increase levels of security for American citizens but this security has come with a cost attached and for some Americans the cost is too high and too intrusive upon their basic civil rights. One such instance of the complexity created within the security paradigm are the no-fly lists that have been implemented in U.S. airports since September…
Bohn, Kevin (2003) Patriot Act Reports Documents Civil Rights Complaints. 31 July 2003. CNN Law Center. Online available at http://www.cnn.com/2003/LAW/07/21/justice.civil.liberties/index.html
Carafano, James Jay (2007) Securing the Home Front. The Heritage Foundation. 10 July 2007. Online available at http://www.heritage.org/Press/Commentary/ed071107a.cfm
Drew, Kevin (2002) Balancing Life and Liberty: Danger to Civil Liberties when Security is Strengthened - CNN Law Center 10 Sept 2002. Online available at http://archives.cnn.com/2002/LAW/09/05/ar911.civil.liberties/
Houses, spaces raided throughout the Twin Cities (2008) Coldsnap Legal 30 Aug 2008. Online available at http://coldsnaplegal.wordpress.com/2008/08/30/houses-spaces-raided-throughout-the-twin-cities/
Employment Discrimination esearch Project
Employment Discrimination in the United States
What I already knew/What I wanted to know
The Federal Employment Opportunity (EEO) laws were established, during the civil rights movement, to protect employees from discrimination. According to Title VII of the Civil ights Act, employment discrimination because of race, color, religion, gender, and national origin is illegal. The Equal Pay Act protects workers against sex bias and salary discrimination. In addition, there are laws which protect people with disabilities, and employees over 40 years old from discrimination; such as, The Age Discrimination in Employment Act, the ehabilitation Act, and the Americans with Disabilities Act. Discrimination against people on the basis of their genetic information is also illegal. The Civil ights Act of 1991 allows employees who are intentionally discriminated against to receive monetary damages (U.S. Equal Employment Opportunity Commission, 2009).
In my opinion, the government has made significant…
(Biskupic J. 2011330)Biskupic, J. (2011, 3/30) retrieved April 22, 2011, from http://www.usatoday.com/money/workplace/2011-03-29-supreme-court-wal-mart_N.htm
(Donohue P. Marzulli J. 2010929)Donohue, P., & Marzulli, J. (2010, September 29). Retrieved April 22, 2011, from http://www.nydailynews.com/ny_local/2010/09/29/2010-09-29_transit_workers_headgear_suit_gets_judges_nod.html
(Fieler A 20091103 Baltimore Jewish Times) Fieler, A. (2009, November 3). Baltimore Jewish Times. Retrieved April 22, 2011, from http://www.jewishtimes.com/index.php/jewishtimes/news/jt/local_news/brothers_allege_workplace_anti-semitism/15407
(Hardin M. 2010 EEOC sues Brown Palace Hotel) Hardin, M. (2010). EEOC sues Brown Palace Hotel. Retrieved April 25, 2011, from http://www.bizjournals.com/denver/stories/2010/07/19/daily39.html
The objective of this study is to research cases in which U.S. citizens were denied their right to privacy and safety by either a city or country within their own property line by being told what type of fence they either can or erect in their own yard to ensure safety and privacy and where this decision was overturned in the favor of the city. The case in question involves a realtor who assured a new homebuyer that they could erect a fence that was similar to other wood fences in the neighborhood. The California Codes: Health and Safety Code Section 115920-115929 states that swimming pool fencing enclosures on pools in residential areas are required to have the following characteristics:
(a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the…
Fleming & Curti (2001) American with Disabilities Act Overrides Local Zoning Rules. Elder Law Issues, 5 Nov 2001. Vol. 9, No. 19. Retrieved from: http://www.elder-law.com/2001/Issue919.html
Fences (nd) City of Redding California. Development Services Department. Retrieved from: http://www.ci.redding.ca.us/pmtctr/graphics/planningPDF/pln111.pdf
Standler, R. (1997) Privacy Law in the United States. Retrieved from: http://www.rbs2.com/privacy.htm
California Codes: Health and Safety Code (nd) Section 115920-115929. Retrieved from: http://www.cdph.ca.gov/HealthInfo/environhealth/water/Documents/RecHealth/SwimmingPoolSafetyAct.pdf
Human Resources: Equal Employment Opportunity & HRM
"Reasonable accommodations" are required by law for protected groups such as those based on disabilities and religion. The nature and specificity of those accommodations may differ according to the protected group. In addition, the showing of "undue hardship" that may relieve an employer from providing reasonable accommodations can differ according to the protected group. Finally, the agencies enforcing "reasonable accommodations" can differ but also overlap, depending on the protected group.
Reasonable Accommodation Regarding Disability and Religions
Expectations and Examples
Title I of the American with Disabilities Act of 1990 (ADA) mandates that employers provide reasonable accommodation to qualified people with disabilities who are employees or applicants, unless doing so would cause undue hardship to the employer (U.S. Equal Employment Opportunity Council, 2002). Those accommodations are to be made upon the employee's, applicant's or his/her representative's request, and are divided into 3 major categories:…
Courtney, Bailey. "Supersizing America: Fatness and Post-9/11 Cultural Anxieties." Journal of Popular Culture 43, no. 3 (2010): 441-462.
Courtney discusses the impact of fast food on the health of Americans focusing on the documentary film "Super-Size Me" that accuses Mcdonald as the major contributor of health effects of American people. According to the author, the obesity is threatening the health of the American society because there is likely to be an increase in the childhood obesity in the nearest future. Thus, the author suggests that Americans should inculcate a diet culture to get thin.
Carla, Rice. "Becoming "the Fat Girl": Acquisition of an Unfit Identity." Women's Studies International Forum 30, no. 2 (2007): 158-74.
Carla explores the theory of feminist poststructuralist of fat that narrates diverse fat women in the Canadian context. The author documents the cultural message regarding fitness and fatness contributing to the perceptions of the…
American Meat Packing Corp., 362F.3d 418 (7th Cir. 2004).
On November 15, 2001, 350 workers at the American Meat Packing Corporation (AMPC) showed up for work and were told they had been terminated. Because they were not notified 60 days prior to termination, the Worker Adjustment and etraining Notification Act, U.S.C. § 2101-2109, the WAN Act, did not apply. The purpose of the 1989 WAN Act was to create a buffer for workers who anticipate mass layoffs or plant closings that have been unanticipated. Under the WAN Act, the 60 day notice of plant closings or any mass layoffs may be waived or reduced if a business closure is "caused by some sudden, dramatic, and unexpected action or condition outside the employer's control." 20 C.F.. § 639.9(b)(1).
The fundamental issue of this case is that of foreseeability. Business situations that are likely to cripple or close a firm may be…
partnerships (8th ED), Thomson Retrieved http://esl.rutgers.edu / graduate_writing_program courses/academic_writing_II/media/b_paper.pdf
Internet sources assessed.
According to the book, studies have shown non-native speaking students or students who have special needs physical or behavioral struggle depression because they are in a different country and away from family. "Psychologist David Pillemer has analyzed memories of school, and suggests that such memories have much to tell us about students' perception of success or failure. When I talk to people about their education, from factory workers to physicians, from middle-school to doctoral students, it is telling how many of them call up resonant and emotional memories of events in school that, they claim, have had a potent effect on so many things: their sense of their intelligence, their social competence, their bearing in public spaces" (p. 244 -- 245). Scholars argue whether this is the implication of the alienation to students who form the mainstream population or just one of the effects of being drenched in a multicultural…
Generally, it works by either giving a reward for an encouraged behavior, or taking something away for an undesirable behavior. y doing this, the patient often increases the good behaviors and uses the bad behaviors less often, although this conditioning may take awhile if the rewards and removals are not sufficient to entice the patient into doing better.
Existentialism is important to discuss here as well, and is often seen to be a very drastic way to examine human behavior. There are two types of existentialism. One is Atheistic Existentialism, and the other is Theistic Existentialism.
Atheistic existentialism has its basis in the statement that the entire cosmos is composed only of matter, and human beings see reality in two forms. Those forms are subjective and objective. People who believe in Atheistic Existentialism do not believe that anyone or anything specific made the world. They do not know whether it…
Adams, M.J., Treiman, R., & Pressley, M. (1998). Reading, writing, and literacy. In W. Damon (Ed.), Handbook of child psychology: Child psychology in practice, 4, 275-355. New York: Wiley.
Albertson, L., & Kagan, D. (1988). Dispositional stress, family environment, and class climate among college teachers. Journal of Research and Development in Education, 21(2), 55-61.
Amidon, E. (1980). Personal Teaching Style Questionnaire. Philadelphia: Temple University, College of Education.
Allison, Anne. (1996). Producing mothers. In Anne E. Imamura (Ed.), Re-imaging Japanese women (pp. 135-155). Berkeley: University of California Press.
fifth of all Americans have some type of disability (United States Census Bureau, 2000).
Alarming? Yes, however, disabilities do not discriminate and people of all ages, race, and socioeconomic backgrounds can be affected or have a family member who has a disability. Disabilities in children may include, but are not limited to Attention Deficit Hyperactivity Disorder, Asperger's Disorder, Autism, Central Auditory Processing Disorder, Dyscalculia, Dyslexia, Dysgraphia, Dysprazia, Learning Disabilities, and Nonverbal Learning Disability. While these are only a few of the ever-growing list of disabilities discovered in children, the list continues to grow as additional research is conducted to identify more disabilities in children. This paper will discuss the issues, concepts, and findings of recent literature on the important issue of children with disabilities. It will also include information on how a disabled child and the parents search for help and resources with an emphasis being on treatment and educational…
Administration for Children and Families. (2004). Head Start Bureau.
Accessed March 30, 2004, from, http://www.acf.dhhs.gov/programs/hsb/index.htm
American Dietetic Association. (2004). Position of the American Dietetic Association: providing nutrition services for infants, children, and adults with developmental disabilities and special health care needs. Journal of the American Dietetic Association, 104 (1) 97-108.
Bayerl, C., Ries J., Bettencourt M., & Fisher P. (1993). Nutrition issues of children in early intervention programs: primary care team approach. Semin Pediatric Gastroenterol Nutrition 4:11-15.
1. Describe the impediments to, and reasons for, the development of civil rights from 1877 to 1940.
Reconstruction had failed, leading to unresolved issues and the entrenchment of racist institutions in the social, economic, and political fabric of American life. After the formal end of Reconstruction in 1877, many impediments to civil rights were in fact legal but also ideological. Due to the lack of formal legal protections for African Americans, civil rights movements remained critical, particularly given the sinister nature of Jim Crow.
2. Discuss some of the major laws and events related to civil rights since 1940.
World War Two did have a major bearing on civil rights legislation, particularly as it led to the de-segregation of the American armed forces in 1948. The 1954 Supreme Court decision in Brown v Board of Education was also a major event signaling a shift in civil rights law in America.…
How does one deal with a select group of youths who are identified as antisocial, whether in elementary, middle, or high schools? Is intervention and collective counseling appropriate, or individual counseling for such students? Is merely universal strict school discipline enough, with selective intervention only a last resort? Should the antisocial individual ever be removed from the school population as a whole? Unfortunately, current studies provide a mixed set of research data and outcomes of programs to answer these thorny questions, with the only consensus emerging that the earlier the identification and targeting of such students, the better, for both the other student, society, the individual in question, and society as a whole.
"Is Negative Behavior Causing Students to be Unproductive in the Classroom?" The answer, provided by the article by Hill M. Walker, Elizabeth amsey, and Frank M. Greesham, published in Winter 2003-2004 edition of…
Rewarding academic achievement, giving students positive channels for aggressive behavior, and making use of early, universal models that demand strict but fair discipline of all are potential ways for a district to cope with these behaviors. Walker Ramsey, and Greesham define a three-tired strategy deemed to be effective with as many as eighty to ninety percent of the identified students. Only after creating a school with strict and fair discipline for all need selected individual interventions with or without the parents can be inflicted against specific 'problem's students, with outside authorities brought in, as a last resort according to what is called the Oregon model. This strategy stresses universalism, rather than selecting and removing students, and mainstreaming even antisocial students under the same disciplinary regime, by and large.
Not all studies validate the specific strategies provided by Walker, Ramsey, and Gresham (2003), of the Oregon Model. But the selectivity of the intervention can counteract the potential bonding of at-risk students in collective intervention programs. Other studies have demonstrated how, within a collective aggression-channeling sport context, goal directed intervention strategies only occasionally promote prosocial behavior. The theory is that potentially aggressive impulses are channeled into a cooperative context, under the watchful eye of an adult, thus incorporating behavioral strategies such as praise, modeling, and a point system. But the result of such collective yet selected programs, grouping youths together who are problematically antisocially, was mixed, rather than conclusive. Less antisocial students seemed to benefit at times from the practices of complementing teammates and fair play, at other times, they were encouraged to act out aggressively by their more vocal peers. (McKenney & Daitilo, 2001)
Other, more radical selective strategies of dealing with the problem of anti-social youths include that of Boys and Girl's Town, which advocates a total break between the troubled individual and his or her home environment, particularly in more hardened youngsters. Girls and
Union Dead" by obert Lowell is a historical poem written in free verse style. The poet details several events in American history, mingling the different eras of history as with a montage. The resulting effect is chaotic, as if Lowell means to draw attention to the inherent chaos, disharmony, and discomfort of war. War shapes history, as the poet suggests, and yet war brings with it complete devastation and always entails death.
In "For the Union Dead," Lowell eventually focuses on the Civil War to draw attention to the way racism continues to tear apart the nation. Whereas earlier stanzas mention Boston Common and other evolutionary War era landmarks and symbols, later imagery clearly connotes the graphic and gruesome Civil War, in which an officer "leads his black soldiers to death." People in power possess a "peculiar power to choose life and die," showing how wars are fought by those…
Unintended Limitations on Ada Protections
The American with Disabilities Act of 1990 (ADA) was designed to prevent discrimination in terms of employment (Title I), telecommunications (Title IV), and public services (Title II), transportation (Title II), and accommodations (Title III), for persons with physical and/or mental disabilities (EEOC, n.d.; Disabled World, 2009). Employers and public establishments are required under the ADA to make accommodations for persons with disabilities, unless it imposes an undue hardship. To ensure compliance, a large number of different federal agencies act as enforcers of the ADA provisions.
The ADA defines a disabled person as anyone who is prevented from engaging in a major life activity, either currently or historically, or is perceived by others as being limited in this way. The latter criteria was intended to be one of three primary routes for bringing a discrimination suit to court, resulting in the 'regarded as' disabled…
American Diabetes Association. (2012). Diabetes basics: Symptoms. Diabetes.org. Retrieved 20 Oct. 2012 from http://www.diabetes.org/diabetes-basics/symptoms/?loc=DropDownDB-symptoms .
Brown University. (n.d.). Major depressive disorder (DSM-IV-TR #296.2-296.3). Brown.edu. Retrieved 20 Oct. 2012 from http://www.brown.edu/Courses/BI_278/Other/Clerkship/Didactics/Readings/major%20depression.pdf .
Disability Rights California. (2010). Employment rights under the Americans with Disabilities Act (and other related laws) (4th ed.). DisabilityRightsCA.org. Retrieved 20 Oct. 2012 from http://www.disabilityrightsca.org/pubs/506801.pdf .
Disabled World. (2009). Americans with Disabilities Act of 1990 (ADA). Disabled-World.com. Retrieved 20 Oct. 2012 from http://www.disabled-world.com/disability/ada/.
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…
The ethical and legal consequences of testing employees without their knowledge or consent puts Danville Airlines into a defensive position, having to both explain to David eiger why they are not letting him fly, and potentially to his attorneys how the testing took place at all. The issue of genetics testing raises ethical and legal conflicts, creating a paradox for companies who practice this type of screening (Howard, ichardson, Thorpe, 2009). Danville Airlines has been negligent in their process of medical screening, allowing samples taken from eiger to be sent to a genetics screening lab (Darden, 2004). Especially detrimental to eiger is the emotional trauma and pain of being diagnosed with Huntington's disease, the same disease which took his father's life as well (Darden, 2004). Danville is now in the paradoxical situation of having told people outside the company of eiger's condition, also informing eiger he will no…
Avitabile, C., Jappelli, T., & Padula, M. (2011). Cognitive abilities, healthcare and screening tests. Journal of Population Ageing, 4(4), 251-269.
Darden Business Publishing. (2004). DANVILLE AIRLINES. University of Virginia. Retrieved on August 24, 2012 from
Howard, DH, Richardson, L.C., & Thorpe, K.E. (2009). Cancer screening and age in the United States and Europe. Health Affairs, 28(6), 1838-47.
Hunter, D. (2005). Diversity and sensitivity issues in management: The case of the genetic screening questionnaire. The Business Review, Cambridge, 4(2), 249-252.
Americans with Disabilities Act (ADA) was first signed into law in 1990, and several amendments to it have been made including the most recent changes made in 2009. Generally, the ADA requires that "reasonable accommodations" are made to infrastructure and environment, including those related to a test-taking environment (U.S. Equal Employment Opportunity Commission, 2008). Accommodations are made according to the specific needs of the situation, with the goal being the provision of an "an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability," (U.S. Equal Employment Opportunity Commission, 2008). An employer or educational institution, for example, would need to ensure that desks can be adapted to suit test-takers with physical disabilities, that the test-taking venue is accessible to persons needing assistance in a wheelchair or other device, or in…
American Board of Internal Medicine (2015). Accommodation for Test Takers with Disabilities. Retrieved online: http://www.abim.org/exam/testing-accommodations-disabilities/
United States Department of Justice, Civil Rights Division (n.d.). Testing accommodations. Retrieved online: http://www.ada.gov/regs2014/testing_accommodations.html
U.S. Equal Employment Opportunity Commission (2008). Americans with Disabilities Act: Questions and Answers. Retrieved online: http://www.ada.gov/qandaeng.htm
Limitations on ADA equirements:
The ADA does not require employers to provide accommodations that pose an undue hardship on the employer or the business entity. The ADA defines "undue hardship" as accommodations that exceed the employer's financial resources or that would constitute significant hardship or difficulty for the employer (Halbert & Ingulli, 2008). In that regard, the ADA analysis of what accommodations are unduly difficult or expensive depends on specific factors such as the relative size and budget of the employing entity as well as the nature of the business, products, or services provided by that business.
The employer is not required to provide accommodations that would decrease the quality or the volume of the goods or services it provides, nor is the employer required to furnish specific personal items such as blood monitoring equipment, glasses, or hearing devices. Generally, the employer is only required to provide reasonable accommodations after…
Dershowitz, a.M. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown.
Friedman, L.M. (2005). A History of American Law. New York: Touchstone. Halbert, T., Ingulli, E. (2008). Law & Ethics in the Business Environment.
Cincinnati: West Legal Studies. Hall, K. (Ed.) (1992). The Oxford Companion to the Supreme Court of the United States.
New York: Oxford University Press
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…
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
The ADA does not specifically name all of the impairments that are covered. Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I. Title I complaints must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated…
Fitzgerald went to his physician for a routine examination. The doctor discovered that Fitzgerald's vision was failing. To prevent further problems, Fitzgerald would have to have special lighting installed in his office at work. He would also have to change his work schedule so that he would not have to drive after dark. hen Fitzgerald told his employers about the changes, they fired him claiming that the alterations in his office and in his work schedule would cause too much disorder at work. Angered by this mistreatment, Fitzgerald sued his employers. He argued that a federal statute, the Americans with Disabilities Act, says that employers must try to meet the individual needs of workers who are handicapped even if these changes cause some inconvenience and disorder. hich of the two primary objectives of the law does this statute address? hich objective does it hurt? In your opinion, how should the…
"Disability discrimination." (2004) Legal Database. Retrieved 28 Jan 2005 at http://www.legal-database.com/disability-discrimination.htm
Case 2: Dr. Ver Meulen treated Hardy for an ear problem. Ten years later Hardy began to have ear trouble again. Examinations indicated that the new problem had been caused by Dr. Ver Meulen's treatment, which had been poorly done. Hardy sued Ver Meulen. The doctor tried to stop the lawsuit by arguing that Hardy had not sued him within the four-year limit set up by state statute. Hardy argued that the statute that set up the four-year limit conflicted with the state's constitution. He said this because the state constitution guaranteed that anyone injured by another person can bring a lawsuit. Assuming that Hardy was correct, would
If a 68-year-old employee receives an above average review on her work performance and doesn't receive a raise, and then finds that an employee who is 32 years of age receives an adequate performance review and gets a raise and a promotion the older employee has a strong case for age discrimination.
A violation of the employment act has occurred because it is reasonably expected that the above average rating would get the raise and promotion before the adequate rating. In this case, the company has basically set themselves up for a lawsuit in which they stand a strong chance of losing. The employee's proof is in her above average ratings on her review. The employer must come up with a valid reason as to why she was not promoted over the younger employee who received lower ratings. More than likely, they will not be able to offer any proof.…
Drachsler, David A. (2010). Notes on: Year one of the Lilly Ledbetter Fair Pay Act, Labor Law Journal, 61(2), 102-106.
Holmes, David M. (2008). The Family and Medical Leave Act, Employee Benefit Plan Review, 62(11), 10-13.
Santos, Mike. (2009). So, what is the ADA? Sign Builder Illustrated, 23(170), S7-S13.
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older" (Facts about age discrimination, 2008, EEOC). The worker was clearly discriminated against for a promotional opportunity based upon his age, despite his superior performance.
All of the available evidence suggests that Employee B. was doing superior work in contrast to his younger co-worker. There is a clear 'paper trail' of performance reviews establishing Employee B's superior performance and ability to do a high-quality job. Also, the specific stated rationale for not giving Employee B. The promotion was age. There is no evidence that taking the promotion required qualities only a young person might have (such as the agility required by a dangerous occupation, or an occupation based upon physical strength).
In some instances, regarding benefits, employers may have some discretion under the ADEA. For example,…
Americans with Disability Act (ADA). (2010). ADA Website. Retrieved March 31, 2010 at http://www.ada.gov/pubs/adastatute08.htm#12201
Facts about age discrimination. (2008). The U.S. Equal Employment Opportunity Commission.
Retrieved March 31, 2010 at http://www.eeoc.gov/facts/age.html
Family and medical leave. (2010). U.S. Office of Personnel Management.
Discuss why they are significant and how clients can be trained in those areas.
Persistence: Encourage the client to see every experience as valuable, even a bad interview is still practice
ritten communication: Know how to communicate briefly and effectively through an online resume, over email, which can be honed with practice
Oral communication: Know how to communicate in interviews and over the phone which can also be honed with practice in mock-interviews
Turn negatives into positives: Even a stay-at-home mother has skills that can be valuable in the workforce
You are discussing hiring people with disabilities with an employer. The employer asks the following questions:
If I hire a person with disabilities or promote the person, how will my company's health-insurance and workers compensation costs be affected?
They should not be unduly affected, given that according to the ADA website, an employer "must provide a reasonable accommodation if a…
The Americans with Disabilities Act: A Primer for Small Business. The U.S. Equal Employment
Opportunity Commission. February 4, 2004. May 3, 2009. http://www.eeoc.gov/ada/adahandbook.html#medical
In this analysis, I tackle the legal provisions on the fundamentals of human resource (H). The chosen laws are Age Discrimination in Employment Act of 1978 and Americans with Disabilities Act of 1990 while the chosen issue is Drug-Free Workplace Act. For each selected law or issue, I locate a present-day court case that has challenged your selected law or issue.
Age Discrimination in Employment Act (ADEA) of 1978.
The Age Discrimination in Employment Act of 1978 forbids all sorts of employment discrimination against individuals who are at least forty years old in the U.S. (Feder, 2010)
A good company must have a multicultural and diversity policy aimed at ensuring that there is no sort of discrimination in the company. Age is one of the variables of diversity. Cox (2011) noted that the proper management of diversity in an organization can be a source of competitive advantage…
Feder, Jody. "The Age Discrimination in Employment Act (ADEA): A Legal Overview." Congressional Research Service, June 23, 2010, p. 2. Retrieved 22nd December,2012.
see 29 U.S.C. § 631(a)
See Price Waterhouse v. Hopkins, 490 U.S. 228 (1981)
Kimel v. Florida Bd. Of Regents, 528 U.S. 62 (2000)
(Frederickson, 2000, p. 3) Police forces became the fodder for systematic research on the need for and development of improved minority representation in public service as well as a frequently attached public entity with regard to minority status in the community. (Frederickson, 2000, p. 3) As early as the 1960s and 70s police forces all over the nation began to be scrutinized for limiting their hiring pool to white males and began to make changes to support the reduction of this reality. (Broadnax, 2000, p. xx)
The development of police forces within the guidelines of public scrutiny as one of the most significant and public hiring authorities in the public sector has created a hiring protocol that though variant to some degree is similar in most agencies and is reflective of public demand for diversity in representation. Many would likely call the last frontier of this more egalitarian hiring process…
Broadnax, W.D. (Ed.). (2000). Diversity and Affirmative Action in Public Service. Boulder, CO: Westview Press.
Frederickson, H.G. (2000). Part One Representative Bureaucracy and Equal Employment Opportunity. In Diversity and Affirmative Action in Public Service, Broadnax, W.D. (Ed.) (pp. 1-4). Boulder, CO: Westview Press.
Hahn, H., & Jeffries, J.L. (2003). Urban America and Its Police: From the Postcolonial Era through the Turbulent 1960s. Boulder, CO: University Press of Colorado.
Kogut, C.A., & Short, L.E. (2007). Affirmative Action in Federal Employment: Good Intentions Run Amuck?. Public Personnel Management, 36(3), 197.
For example, as a sales representative, if I were to slip on a slick office floor while representing the company, I would be entitled to worker's compensation while I was unable to come to work while my broken leg was being treated. Then, my physical therapy should also be accommodated by my work schedule and medical bills and physical therapy related to my injury would be covered as well. Whenever there is an accident at work, employees are required to fill out an accident report. This is in case they decide to file for worker's compensation, so details of the accident can be recorded at the moment that it occurs, to ensure accuracy and fairness to the employer and the employee. This is in case the nature of the accident becomes a point of contention. A person of some authority in the company like a supervisor or manager is usually…
Discuss the issue of genetic testing and screening. What are the benefits and the drawbacks of genetic testing? Specifically, what were they for eiger?
The benefits of genetic testing are pretty obvious. Genetic testing allows potential employers and other individuals receive a clear and proper snapshot about the genetic fingerprint of the people they're dealing with. This is particularly important because certain jobs are susceptible to certain forms of intense stress and nearly every profession requires that employees and other individuals be able to engage in specific tasks related to the proper administration of the job. If an individual is genetically susceptible to a certain condition that can jeopardize his ability to do a job correctly or even safely, then a prospective employee has a clear and present right to know that -- some might argue. For example, if a prospective employee were genetically susceptible to gradual blindness,…
Mead, J. (2004). Danville Airlines. Retrieved from UofV
Fire Alarm Systems
Every year, thousands of people die in home and commercial building fires, but far more are saved as a result of fire alarm systems that provide them with sufficient notice to evacuate the premises. In the distant past, fire alarm systems consisted of men and sometimes animals, but more recently, increasingly sophisticated systems have been developed that form an essential part of the concentric layers of building defense. To identify current trends in this field, this paper provides a review of the relevant peer-reviewed and scholarly literature concerning automatic fire alarm systems in general, as well as their composition and working principle in particular, including their design, basic configuration, and the types of notification devices that are typically used, as well as the detectors and emergency voice and other alarm communication systems that are currently deployed with respect to the Americans with Disabilities Act Accessibility Guidelines for…
Fire alarm systems. (2012). Integrated Publishing. Retrieved from http://www.tpub.com / celec/91.htm.
Liston, D. (1999). Museum security and protection: A handbook for cultural heritage institutions.
New York: Routledge.
Moore, W.D. & Wilson, D.K. (2004, May). Lighting the way to fire integration. Security Management, 45(5), 91-93.
When setting up and maintaining the human resource files, confidentiality and privacy are always significant at workplace. Today most organizations are taking different steps of ensuring that the information within the organization remains confidential and private, however employees on the other hand are seen not to be concerned of this, therefore it is the work of the top managers to make their employees understand the importance of keeping files such as the human resource files as confidential. The human resources professionals should prevent misuse of personal information by safely storing them to avoid unauthorized access. Maintaining confidentiality of information in organization does not only protect the company from the legal hassles, but it improves the productivity of the employee while providing them with a safer working environment and security (Dogra, 2012).
Maintaining privacy and confidentiality for human resource files is important for varied reasons this is because, it…
Dogra, A. (2012). Confidentiality in the Workplace. Buzzle. Retrieved December 7, 2012, from http://www.buzzle.com/articles/confidentiality-in-the-workplace.html
ACAS (2012). Recruitment and selection Promoting employment relations and HR excellence Retrieved December 7, 2012, from http://www.acas.org.uk/index.aspx?articleid=746
posted: Perform a literature search a human resource law policy. Some topics absenteeism, work place injury, Americans Disabilities Act 1990. Describe law policy a workplace choosing demonstrate compliance .
Human esource Law Policy -- Absenteeism
The role of the human resource has been gradually increasing throughout the past recent years and this is due to a wide array of changes which impact the business community. One of the most relevant examples in this sense is represented by the shift in global operations in that more and more companies and countries come to generate large GDP proportions from services, rather than industry or agriculture. In such a setting then, the employees represent the intellectual capital of the firm, the creators of value and as such the most important organizational asset (Beckford, 2007).
In order to best deal with the employees, business agents across the world develop and implement several policies aimed…
Beckford, A., 2007, Tales of people who get it, Tales of People Who Get It (Editor), ISBN 1430315989
2012, Absenteeism and attendance of employees, HR Hero, http://topics.hrhero.com/absenteeism-and-attendance/#last accessed on April 24, 2012
Absenteeism law and legal definition, U.S. Legal, http://definitions.uslegal.com/a/absenteeism / last accessed on April 24, 2012
Burlington Nortern and Santa Fe Railway Company spokesman stated, "Te settlement is consistent wit te practice we've been following," said Ricard Russack. He also states tat te companies apologized to it's employees for running te tests and tey stopped all testing wen to suit was filed as tey were ordered.
Many in te political and medical filed and te Equal Employment Opportunity Commission temselves feel tis is a landmark settlement wic will alt any future discriminations. "Tis was te rigt result. It gives people reassurance tat te potential arms of genetic testing are going to be taken very seriously in our society," said Wylie Burke, ead of te Department of Medical History and Etics at te University of Wasington in Seattle. (Wasington Post) "Tis landmark settlement provides important new protection against te emerging treat of genetic discrimination," Senator Edward Kennedy (Wasington Post) "Te Commission will continue to respond aggressively to…
The American with Disabilities Act, often shortened to ADA, is one of the most prominent and significant acts of legislation to come through Congress in the last half century when it comes to the protection and rights of people that are vulnerable. Of course, many people rightly point to Title VII and/or the Civil ights Acts of the 1960's (and their subsequent amendments) but the ADA is right up there as well. Indeed, disabled Americans have been deemed to be worthy of the same basic rights that able-bodied people have when it comes to finding and retaining employment and that is precisely what the ADA was meant to address. While complying with the ADA may require the management of some employers to make accommodations for disabled employee who are otherwise qualified, these accommodations are generally not cumbersome and employers are required by law to provide said reasonable accommodations…
ADA. (2016). ADA - A Brief Overview. Carleton College. Retrieved 4 June 2016, from https://apps.carleton.edu/campus/human_resources/assets/ADA_workshop_handouts9_03
Human esource Management
HM (Human esource Management) is the advancement and management of workers of an organization. It includes recruitment processes, representation and classification of positions at work. For these to be accomplished, laws governing human capital should be followed, and appropriate strategies should be kept in place including paying attention to the employees. Good Management of human capital, determines the success of many organizations
Action training for supervisors
Disciplinary training is a case for supervisors with multiple employees, which requires laws; this will prevent employees from taking advantage of their positions or employers causing difficulties in the workplace. The law requires that the employer complies with labor laws, which include approval of agreement, between the employer, supervisor and employee while working together. They are required to identify various laws like how to handle employers, their complaints at the work place while providing safety at work. The law requires that…
Inc, B. a. (2010). 5 Tips for Holding HR Policies That Hold. New York: Bussines and Legal Reports In.
Lastroner, R.A. (2001). The Nonprofit Managers Resource Director. New York: John Willis and Sons.
Shannon, K. (2011). The Complete Guide to Successfill Planning Event. Atlanta: Atlantic Publishing Company.
Proponents of stem-cell research believe that it may be the secret to curing infertility, genetic imperfection and neurological degeneration, and on the premise of this supposition, have lobbied vigorously to prevent legislation that would protect embryos from harvest and use in research, espousing the idea that:
"Criminalizing human reproductive cloning in the United States will only make it less safe and more costly for these infertile couples. They will be forced to travel outside the United States to pursue their dream of creating a family. After all, according to the Americans with Disabilities Act (ADA), infertility is a disability and reproduction is a major life activity for the purposes of the ADA (Bragdon v. Abbott, 118 S.Ct 2196; 1998). In light of this, it is the right of each and every American citizen to bear a child." (Speeches, 21)
In spite of this, there were very few legislative efforts which…
Brannigan, Michael C. Ethical Issues in Human Cloning: Cross-Disciplinary
Perspectives. New York; Seven Bridges Press, 2001.
Brownback, Sam. James Greenwood. Symposium. Insight on the News.
Vol. 17, Issue
establishment clause, advantages limitations establishment clause create? 2. key differences civil liberties equal (civil) rights? Discuss provide examples.
The establishment clause is certainly one of the most important legislations in U.S. history when considering that it protects U.S. citizens from being bombarded with information that they are not actually interested in. Thomas Jefferson was one of this clause's most passionate supporters, as he believed that it would be wrong for the state to have a strong relationship with the church. As a consequence, he got actively involved in devising a legislation that would establish politics as an environment where people would be provided with the opportunity to focus on their personal interests when concerning religion rather than to act in accordance with a religious ideology imposed by the state.
It is very probable that Americans were well-acquainted with religious conflicts that troubled Europe throughout centuries and wanted to avoid being…
"Civil liberties vs. civil rights," Retrieved November 27, 2012, from the OnTheIssues Website: http://www.ontheissues.org/askme/civil_liberties.htm
"ESTABLISHMENT CLAUSE," Retrieved November 27, 2012, from the Cornell University Law School Website: http://www.law.cornell.edu/wex/establishment_clause