Critique of ADA and Affirmative Action
University of Phoenix
Critique of ADA and Affirmative Action
For years, big companies have set rules for which employees had to follow in order to maintain their jobs. Discrimination for language barrier, race, color, age, disability and more was nothing easy to fight against; until The Americans with Disabilities Act of 1990 (ADA) came into effect. Such an important law brought many changes in all direction of management, employees, hiring process, ergonomics, and new job opening as Human Resources Specialist. These changes are not only seen at the work place but at the educational level, as engineers learn to design a better and accessible working place for the disabled. This paper will discuss and critique The Americans with Disabilities Act and Affirmative Action based on readings and research. Personal views of ADA and Affirmative Action will be discussed along with the pros and cons of these programs that help Americans avoid discrimination through legislation. The issues of an agency offering accessibility to all clients will be discussed and the impacts it has on the company such as cost for remodeling, avoiding lawsuits, and enforcing regulations among employees.
The Americans with Disabilities Act (ADA) was signed into law by President George H.W. Bush on July 26, 1990. The world's first comprehensive civil rights law for people with disabilities was put into place to protect the people in this country who have physical and mental disabilities. The ADA defines an individual with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment (EEOC, 2008). To protect human rights, ban segregation, and discrimination against those with disabilities, the act prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. Because those with disabilities were still being discriminated against such as inaccessible building, transportation, and communication barriers, in February of 2001, President George W. Bush promoted the full participation of people with disabilities in all areas of society by increasing access to assistive and universally designed technologies, expanding educational and employment opportunities, and promoting full access to community life. Because of the uniqueness of each individual, The Americans with Disabilities Act is updated or revised often to accommodate all who are connected to the services with the most recent changes in September of 2008 (EEOC, 2008).
With the Americans with Disabilities Act in place, provision of increased access to public areas, such as power doors, ramps and curb cuts, and paratransit are all options in cities with public transportation. Now that higher education institutions are opened up to persons with disabilities, the importance of a planned, coordinated response to the accessibility requirements of the law is a concern in maintaining accessibility while minimizing the cost of retrofitting existing resources. Although there are some universities who still evade compliance, the majority do provide the services needed for students with disabilities. Some other areas where the meaning of the law has not accomplished much good and may actually have hurt people with disabilities in general are special education classes. The ADA requires reasonable accommodation but the governing...