Show More"The Americans With Disabilities Act is one of the most significant laws in American History. The preamble to the law states that it covers 43,000,000 Americans."(Frierson, p.3) Before the Americans With Disabilities Act(A.D.A.) was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the persons physical disability were they turned away or released from a job. The Americans With Disabilities Act prevented this type of discrimination by establishing rules and regulations designed to protect persons with physical disabilities. With a workforce made up of 43,000,000 people, it is impossible to ignore the impact of these people. The Americans With…show more content…
According to the Americans With Disabilities Act, the only way an employer can refuse to hire an employee based upon a disability is if that persons disability imposes an undue hardship on the operation of the employer's business. Then the question arises, what is considered an undue hardship? The Americans With Disabilities Act states that an undue hardship is any action that is considered to be in excessive cost to the employer, or if the reforms are too extensive, substantial, disruptive to the goings on of the company or anything that would substantially change the operation of the business.
In addition to this, the Americans With Disabilities Act provides some information on what employers cannot do. For instance the A.D.A. states that "employers may not ask job applicants about the existence, nature, or severity of a disability"(The Americans With Disabilities Act). This is a very important step in that it cancels out any possible internal prejudice the employer may have despite the regulations set by the A.D.A. For example if the employer has a pre-concieved notion of what he or she believes a disabled person can do, this rule will protect the applicant from such prejudice. Also, the employer cannot require an applicant take a medical examination before a job is offered. Furthermore, that a job can only be conditioned based on the results of a medical exam if those conditions apply to all workers. This aspect is important
The American With Disabilities Act Essay
As stated by the founding fathers of America “All men are created equal.” Black, white, brown, short, tall, smart, and dumb, all are created equally. Therefore every person deserves fair judgement. Unfortunately, it is a profound fact that not everyone is born normal and capable of task typical for a common person, who is free from disability. In my opinion, the quote “All men are created equal” serves to promote a friendly environment that helps encourage equality among people and aids to recognize the similarities rather than the differences that separates men. Even so, with this hope, the disabled community still struggles for equality. According to Legal Rights by the National Association of the Deaf (NAD), “Almost 10 percent of all American have some kind of hearing loss. These ten percent suffer from unfair treatment from professional, social and government service providers, including court and police” (NAD 1). Obviously, because deaf and hard of hearing have limited hearing, their communication and social skills are below the expectation of a common hearing person. Thus, most of these people are ignored, neglected, and discriminated against. However, as a citizen protected by the American with Disabilities Act (ADA), deaf and hard of hearing individuals deserve equal rights and must be accommodated for as a disabled person.
If everyone is entitled to all the rights and freedom that is set forth in the Declaration, disabled people should not be robbed of their rights. However, they are still devalued from conducting common tasks which puts them at the bottom of the priority list as an employee and even so as a friend. In search to solve this problem, according to “The Disabled” by Bender, D. on July 26, 1990, President George Bush signed the ADA into law that serves and protects people with disabilities. This law prohibits discrimination against the disabled by employers and required commercial establishments, public accommodation, and mass transportation be made accessible to disabled persons (Bender 17). When the law was signed, new doors opened for the deaf and hard of hearing culture for a better opportunity in gaining equal rights. President Bush appointed four titles to protect deaf and hard of hearing people. In “The ADA and Deaf Culture” by Tucker, B. Title I, prohibits both public and private employers from refusing to hire or promote an individual because of his or her impairment and requires employers to provide reasonable accommodations for applicants or employees who are deaf or hard of hearing (Tucker 28). If a deaf or hard of hearing employee can pass the essential part of the job qualification, he or she is protected by the ADA to be hired. Also, the ADA prohibits employers to discriminate disabled people in means of recruitment, job applications procedures, pay rates, and promotions. The second title, Title II, “Requires all state and local government agencies to make all of their services accessible to individuals...
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