Critique of Ada and Affirmative Action

Critique of ADA and Affirmative Action

Marilyn Piasecki

BSHS 422

August 20, 2012

Darla Roberts, MA, MAEd, CRC

Critique of ADA and Affirmative Action

In the ever changing workplace of today companies are constantly monitoring to ensure the proper implementation of policies and procedures related to the Americans with Disabilities Act, Affirmative Action, and equal employment opportunities. Throughout modern history incidents of discrimination and matters of civil liberties often initiate changes in laws, statute, or public policies.

In this paper will be presented a critique of ADA and Affirmative Action with pros and cons to determine if they have been effective to overcome past policies, practices, and barriers that affect equal employment opportunities for individuals.

The Americans with Disabilities Act

Basically The Americans with Disabilities Act (ADA) makes it unlawful to discriminate against individual with a physical or mental disability in regard to employment opportunities, in state or federal services, transportation, public accommodation, or telecommunication. The ADA was designed to improve conditions in the workplace that would allow individuals with disabilities to participate, contribute, and function in society ("Affirm Able Action Associates," 2012). When the ADA was first implemented there were and still are gaps in the law that allows businesses to ignore ADA compliance policies. Older buildings because of the expense of modification and to equip them they were grandfathered in and allowed to ignore ADA compliance laws. When businesses or nonprofit organizations are allowed to ignore these laws clients in this vulnerable population are not being served and are being discriminated against.

Employers are required to make reasonable accommodation for employees with disabilities. Reasonable accommodation may include any changes or adjustments made to improve the job or work environment that would enable an individual with a disability that is qualified to participate in a job application process or to obtain employment that affords him or her the same benefits or privileges equal to employees without disabilities. The use of the word "reasonable" is vague and open to interpretation, which also leads to ADA compliance laws being ignored.

The ADA has afforded the opportunity for individual with disabilities to obtain higher education or to seek and obtain employment that enables individuals with disabilities to remain independent. Individuals with disabilities can become contributing members of society because of the passage of this legislation The American with Disabilities Act of 1990 and the modified version in 2009. Yes, The Americans with Disabilities Act has made improvement, but still allows too many exceptions, which permits businesses and organization to avoid full implementation of the laws.

Affirmative Action

Affirmative Action means "positive action" that is under taken to overcome the present effects of past practices, policies or other barriers that affect opportunities