Those who are disabled are a diverse group of people. From physically and mentally disabled, to those with medical conditions, to those with mental illness, to those who have lost loved ones, and even those who are HIV positive. Despite their differences, there is one common thread that unites people with disabilities and their families. People who are disabled often face barriers because of the social constructs we use in order to categorize them into “normal” and “unnormal”. I will be discussing the discrimination against people with disabilities and the ways we can combat it.
Discrimination against people with disabilities in the United States
Many federal agencies have enforced disability laws to stop discrimination against persons with disabilities. The Americans with Disabilities Act (ADA), which prohibits discrimination of qualified individuals with disabilities, was passed by the federal government. This law also applies to state and municipal governments, private employers, joint labor-management committees, and private employers. Looking for best disability Service in Melbourne?
The ADA prohibits discrimination based upon disability in hiring, firings and promotions, pay, promotions, job assignment and employment practices for federal contractors and employees. It also requires employers to provide reasonable accommodations to qualified individuals with disabilities. These are adjustments to policies, practices, and procedures to enable qualified individuals with disabilities to perform the essential functions of a job.
After receiving a right to sue letter, an individual may file a lawsuit against the EEOC if they believe they have been discriminated against. Depending on the circumstances, they may be entitled to recover attorney fees from the defendant.
ADA protection is also extended to private entities that are considered public places of public accommodation. This includes restaurants and hotels, retail merchants and day care centers. These organizations must follow all laws and building codes in their respective states.
The Air Carrier Access Act prohibits discrimination against individuals with disabilities on all commercial airlines. Passenger with disabilities must be able to access certain seating and seating accommodations. The ADA is enforced and maintained by the Department of Transportation.
In 2008, the Americans with Disabilities Act Amendments Act became law. This act made significant changes to the definitions of disability. Specifically, the Act made it clear that ADA protection is extended to individuals with mental disabilities.
ADA
Providing a reasonable accommodation for a disability can be a challenge for employers. Employers must adhere to strict federal regulations. If you have ADA issues, you should not hesitate seeking legal counsel.
The ADA is a federal law that prohibits discrimination based on disability in almost all aspects of employment. Employers must offer reasonable accommodations under the ADA. A reasonable accommodation could include a change of schedule, temporary relocation, or modification to job duties. It is possible to violate the ADA by providing accommodation that would be considered undue hardship.
The ADA also requires confidentiality of medical information. Medical information includes medical records, test results, and any other information that may be relevant to an employee’s health.
The ADA defines a “disability” as a condition that significantly limits a major life activity. This definition is much more expansive than the PDA’s requirement for a “reasonable accommodation to be provided to qualified employees.
While the ADA definition of disability is not as broad as the PDA’s it is more comprehensive than the PDA’s. This definition includes those who require accommodations because of a medical condition which has come and gone over a time period.
Employers must provide reasonable accommodation for a person with a disability according to the ADA. This may include a change in schedule, reducing the number of people on a bus or train, a relocation to an unused conference room, or a protective covering. However, it should be noted that an employee cannot get a reasonable accommodation because of an illegal drug, sexually transmitted disease, or any other condition that would be covered under another law.
Rehabilitation Act
Several states have been sued by local governments for violating The Rehabilitation Act for Disability. Despite its name the act is applicable to both federal employees and local government. A former prisoner of the state claimed that he was exempted from facilities reserved for able-bodied inmates. The lawsuit was settled for $1.50.
The jury was not able to decide if this was the most serious sex offender. The court ruled that the plaintiff failed to show that the jailer in question breached his ministerial duty. The court also ruled against the plaintiff for failing to comply with the limitations period.
A lawsuit claims that Illinois failed to provide an ASI interpreter for the hard-of-hearing and deaf in its prisons and jails. A deaf person has been denied access and information regarding legal proceedings, including those concerning his release. Deaf women have also been denied access to hearing aids. The state of Illinois has proven itself to be a poor judge. A court granted a partial summary judgement in favor the plaintiff. Despite the fact that several state officials are being sued in this lawsuit, the state’s lawyers insist on appealing the case to federal court. This is a shame, as the state could have saved money and avoided a lawsuit if it had followed the rules.
In the end, a state court ruling may have been the best course of action for this particular case. This is a lesson that the state Illinois is one to avoid.
Fair Housing Act
Fortunately, the federal Fair Housing Act for disability provides protection for people with disabilities. It prohibits discrimination in housing transactions and financing. The Fair Housing Act is applicable to private and public housing as well as housing with federal financial assistance.
The Fair Housing Act requires housing providers to allow reasonable modifications to their premises and policies. These modifications are necessary in order to accommodate persons with disabilities. The housing provider must meet with the tenant in order to discuss the accommodation requirements.
If the housing provider refuses to make reasonable modifications, the tenant can request a government investigation. Discrimination complaints can be filed with the Department of Housing and Urban Development. To verify a tenant’s disability, the disability verification sheet can be used.
Fair Housing Act for Disability includes provisions that relate to both owner-occupied and public housing. The regulations also require housing to be accessible for persons with disabilities. Specifically, new apartment complexes must be built to be accessible. Apartments must be equipped with accessible kitchens and bathrooms. The hallways must be large enough for a wheelchair.
A landlord must make reasonable accommodations for an aid animal. If a tenant has a guide animal, the landlord must allow that tenant to keep the dog in his apartment. A landlord may require a security deposit to cover the pet. The landlord may require a tenant with mobility impairment to park near the dwelling.
A landlord might require a tenant who has a mental disability to pay rent by mail. An assistance animal can also provide emotional support to a disabled tenant.
Integration is made more difficult by social constructs of normality
Despite recent policy changes to increase the inclusion of people with disabilities into community settings, people living with disabilities continue to face crippling expectations and psychological risks in mainstream settings. They are often left to figure out their own way through these spaces.
Various disability writers have described people with disabilities as residing ‘in but not of’ the local community. While this narrative has been used as a way to argue for the need to make radical social changes for people with disabilities it is also true that inclusion has always been self authored.
A critical analysis of mainstream social policy, including disability-related public policies, reveals that the unifying principle of all social policy is reducing exclusion. Individuals with disabilities are often supportive of inclusion of people with disabilities into mainstream settings. Social policy has a paradoxical blind spot: it fails to acknowledge the embedded sense of different.
This paper examines Karl Marx’s reasoning on disability. Marx’s texts were written prior to the development of disability theory. However, their writings are still a significant source of inspiration for discussion of disability as a phenomenon. I will explore the interaction of Marx’s reasoning with the idea of normality. This process led to the identification of theoretical links and confirmation of empirical links.
The inductive approach was the first step. This led to a series of common categories that formed analytical themes. The codes formed a common theme, ‘reduced expectation’ and ‘limited expectation’. Participants discussed the importance to be able find community outside of intimate relationships. They agreed that community connectedness is the core of quality life.
