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Society discrimination of disabled people
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Disability
The Equality Act 2010 makes it unlawful to discriminate against employees because of a mental or physical disability.
Under the act, a person is identified as disabled if they have a physical or mental impairment which has a significant and long-term effect on their ability and hinders their progress in carrying out normal day-to-day activities.
In the work place the activities mentioned above may include using a computer and telephone, communicating with colleagues, undertaking and completing tasks given, physical activity and driving.
Employment is one of the areas covered by the Equality Act 2010
There are six main types of disability discrimination.
Direct discrimination
Is when a person is treated differently because of disability,
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Victimisation
Treating someone differently because they have made or supported a complaint about disability discrimination.
Discrimination arising from disability
Where a person is treated 'unfavourably' because of a factor linked to their disability, but not the disability itself.
Failure to make 'reasonable adjustments'
One of the most common types of disability discrimination is when an employer fails to make 'reasonable adjustments' for a disabled job applicant or employee. If adjustments are deemed as 'reasonable', an employer must enforce them to ensure its workplace do not disadvantage a disabled job applicant or employee already within the organisation.
Equality and Diversity including bilingualism (Welsh and Irish/Gaelic)
The aim of the Equality Act 2010 is to ensure there are equal job opportunities and fairness for employees and job applicants. All organisations must have policies in place so that this happens and to prevent discrimination.
Under the Act, it is unlawful to discriminate against people at work because of nine areas termed in the legislation as protected characteristics:
• age
•
Moran, John Jude. "Disability Discrimination." Employment Law: New Challenges in the Business Environment. Upper Saddle River, NJ: Prentice Hall, 2014. 413-14. Print.
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
The Age Discrimination Act states that it is prohibited for employers and others to discriminate against an individual on the grounds of their age. This act protects all individuals of all ages against this kind of discrimination. An example this type of discrimination is an experienced and successful senior nurse who is only 40 is fired because the NHS board feel that she is becoming too old for the job and think that someone a few years younger maybe more preferable, so they decide to fire the senior nurse. This is indirect discrimination, where the individual is unaware that they were discriminate against because of their age. The NHS board did not take in to account the senior nurse’s skill, experience or how well she could cope with the job. All they took into account was her age. This act prevents discrimination as if the NHS board followed the rules of the age discrimination act then th...
Some of the disabilities included are vision, hearing, motion, or mental impairments. "Title I of the Americans With Disabilities Act prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hi...
The Equality Bill, which has the policy of establishing a Society for All Ages (July 2009), a policy that is targeted on placing bans on unjustifiable age discrimination; this policy came to effect in April, 2012. Admitted in the policy is the Equality Duty, which places demands on all organisations that offer services to people must accept the regard to help eradicate unwarranted discrimination; victimisation, harassment and advanced equality of the opportunities between different groups of people; including...
The Americans with Disability Act of 1990 (ADA) was put into force to protect employees from discrimination with disabilities in the area of employment. A person with a disability can be defined under the ADA as someone who has a physical or mental impairment which considerably limits one or more of major life activities. “It has been estimated that nearly one in five Americans has one or more physical or mental disabilities”(law book pg115). The ADA federal law requires that employers with 15 or more employees not to discriminate against applicants and current employees with disabilities and, when needed, provide reasonable accommodations to these individuals who are more than qualified to work. These individuals are protected in regard to the application process, hiring, advancement, firing, compensation/benefits, training or other privileges of employment. If an individual is requesting accommodation due to a disability and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workspace safety must be given the same consideration for employment as any other applicant. An employer is not obligated to hire anyone that is not qualifies to what is considered the essential functions of the job according to the ADA. An accommodation under the ADA must allow the employee enjoy equal benefits, given an equal opportunity for the person with the disability to be considered for the job and to perform the essential functions.
The grounds are gender, marital status, family status, sexual orientation, religion, age, disability, race /colour/ nationality / ethnic or national origins and membership of the Traveller community. The Act prohibits discrimination in employment and in particular, access to employment, conditions of employment, training or experience for or in relation to employment, promotion or re grading or classification of posts (Dillon Solicitors 2014). Some of the terms included under the nine grounds stated is we are entitled to equal treatment at work whether we are (man, woman or transgender person; single, married, separated, divorced or widowed or not; parent of a person under eighteen years or a resident primary carer or a parent of a person with a disability or not; gay, lesbian, bisexual or heterosexual; we hold or do not hold onto any religious beliefs; at any age over the legal school-leaving age; no matter what our race, skin colour, nationality or ethnic origin is; a member of the Traveller community and share the traditions and culture of Travellers in Ireland) (The Equality Authority
A. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he 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. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.
Three major laws that protect employees are Title VII of the Civil Rights Act in 1964, Age Discrimination in Employment Act, and The Americans with Disability Act. Title VII makes it unlawful to refuse to hire or terminate anyone based on race, gender, national origin, color, or religion. This law applies to any business that has 15 or more employees, government, labor, and employment agencies (Bennett-Alexander & Hartman, 2012). Title VII also does include harassment, compensation, and advancement issues based on these categories as well. The Age Discrimination in Employment Act prohibits discrimination for anyone from being employed or terminated over the age of forty. This law does not protect those under the age of forty and they may be discriminated against because of their age. This law also requires specific record keeping which employers must maintain for three years. The required information is name, address, and date of birth, occupation, pay rate, and compensation earned each week. In addition to that information this information is required to be maintained for one year: job applications, records of promotions: demotions, transfers, layoffs, terminations, tests and test papers, as well as job ads. Some states go beyond the ADEA and provided greater protection to those older workers. The Americans with Disa...
It is quite certain to say that discrimination can be deadly and can deprive a person from living a normal and happy life. Especially those with disability. Therefore, it is important for discriminatory practices to be avoided and dealt properly ones reported.. If these effects are dealt properly ,long term effects can be eliminated.
People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones, 2011). It is mandatory for organizations to make necessary accommodations for the employee’s disabilities unless it would create an undue hardship to the organization. However, new laws were passed stating that if accommodations would be too burdensome, and no other solutions can be found for the job, the disable person must be given another vacant job (Sotoa & Kleiner, 2013). The requirements for employers under ADA are very strict and organizations must work diligently to provide the needs of the employees with disabilities to comply with the law.
There are many forms of discrimination such as age, disability, transgender, and sex discrimination. This paper will focus on discrimination based on gender, race and age in the workplaces. All over the world, we hear about people treating each other prejudicially depending on their background, ethnicity, or sex orientation. Workplaces should be free from all personal biases but unfortunately, we hear about employees being discriminated against, almost, on a daily basis. Workplace discrimination can be described as treating an individual or a group of people differently than others.
Therefore, when the employee follows the job schedule, they can prevent work overload because of a systematic system applied by the company. The Civil Rights Act of 1964 also stated the laws to protect discrimination based on colour, age, gender, national origin and religion in the workplace. These laws are designed to make sure every employee is treated fairly in their workplace. In Australia, employers should implement best practice on how to maintain privacy in the workplace in accordance with the privacy standards set out in the Australian Privacy Principles (APPs).
People with disabilities often face societal barriers and disability evokes negative perceptions and discrimination in society. As a result of the stigma associated with disability, persons with disabilities are generally excluded from education, employment, and community life, which deprives them of opportunities essential to their social development, health and well-being (Stefan). It is such barriers and discrimination that actually set people apart from society, in many cases making them a burden to the community. The ideas and concepts of equality and full participation for persons with disabilities have been developed very far on paper, but not in reality (Wallace). The government can make numerous laws against discrimination, but this does not change the way that people with disabilities are judged in society.