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Essay on The Americans with Disabilities Act
Conclusion of american with disabilities act
Conclusion of american with disabilities act
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1. Raytheon Company v. Hernandez, 540 U.S. 44; No. 02749. Argued October 8, 2003Decided December 2, 2003 on Disparate Treatment. We can define, Disparate Impact happens "when people are treated differently, with respect to the terms and conditions of employment because of their race, color, sex, national origin, religion, age or mental or physical disability."
Facts: In the above case, employee Joel Hernandez was tested positive for cocaine. With the fear of being dismissed from his job, he acknowledged that his behaviour violated petitioner Raytheon Company's workplace conduct rules, and obviously, was pressed to quit his job. Also, the reason for the employee resignation was also based on the notion that had he not resigned it would be petitioner who would eventually fired him from his work. After more than two years of rehabilitation, petitioner applied to be re-employed alleging on his application that the following had previously hired him. In his application, he also attached letters coming from, his pastor about his active church participation and from an Alcoholics Anonymous counsellor about his regular visit and attendance at meetings and his immediate recovery. When a HR employee of petitioner reviewed Hernandez application, she then rejected his application on the ground that petitioner has a policy against rehiring employees who are terminated for workplace wrongdoing. According to the HR employee, she did not know that that employee was a former drug addict when she rejected his application. As a result to this development, Hernandez instituted a suit and filed a charge with the Equal Employment Opportunity Commission (EEOC), averring that his rights has been violated in consonant with the Americans with Disabilities Act of 1990 (ADA). Therefore, the Equal Employment Opportunity Commission (EEOC) as a consequence, gave a go signal to the respondent and issued a right-to-sue letter and the right to file an ADA action. Following this, respondent established an Americans with Disabilities Act of 1990 (ADA) action, alleging that petitioner did not act on his application for the reason that he has a record of drug addition and/or because he was known before as being a drug user. On the other hand, petitioner responded by filing a summary judgement motion. This resulted to respondent's argumentation in the alternative that in the case that petitioner sought for a neutral no-rehire policy in his case, it is still sufficient to a violation of the Americans with Disabilities Act of 1990 (ADA) because of that policy's disparate impact.
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
Title VII of The Civil Rights Act of 1964 prohibits discrimination based on race, color, national origin, gender, or religion. Race, color, national origin, gender, and religion are known as protected classes. The Supreme Court later established “several theories of discrimination that plaintiffs may purses based on the type of discrimination alleged.” (Melvin & Katz, 2015) The three most common theories are disparate treatment, mixed motives, and disparate impact. Aquino v. Honda is an example of disparate treatment as Aquino believe his was terminated, thus discriminated against, because of his race. Disparate Treatment is defined as “overt and intentional discrimination.” (Melvin & Katz, 2015)The burden of proof was on Honda to prove it had legitimate reason to terminate Aquino. The court ruled that Honda had met the burden of proof; the firing was not discriminatory as the accusations were not baseless nor did they amount to pretext. When the burned shifted back to Aquino to prove his firing was discriminatory in nature, he could not provide any
Mr. P has a history of DUI’s in his past, which thereby warranted his current arrest. He was pleasant and cooperative during his arrest and was taken into custody without incident. He then was released the next day and was given a court date. Mr. P obtained legal defense and faced the judge with fear of being incarcerated, but was confident that he had a defensible case. The judge thought otherwise, and imposed a harsh sentence of 90-day substance abuse treatment at a correctional facility. Yet, Mr. P was defensive when confronted about his alcohol use and denies that that his drinking and driving is a concern. Furthermore, he rejects this behavior as being harmful to his work environment, other than if he were incarcerated he may lose employment.
Deitch, E. A., Barsky, A., Butz, R., Chan, S., Brief, A. P., & Bradley, J. C. (2003). Suble yet significant: The existence and impact of everyday racial discrimination in the workplace. Human Relations, 56(11), 1299-1324.
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
A longstanding national issue that continues to concern the public is the disproportionate representation of children from diverse racial and ethnic backgrounds in special education. The fact is that the proportion of minority students in the population of school-age children has risen dramatically to over 35%, which is increasing the diversity of students in many public schools throughout the nation. This makes the phenomenon of disproportionality especially troubling. With a growing population of minority children comprising a greater percentage of public school students, we must be responsive to the growing needs of an increasingly diverse society. The overrepresentation of minority students in special education has been posed as an issue for more than 3 decades, but it is worth asking whether the efforts of legislative actions, educational reforms and legal challenges have really made improvements to this issue. More importantly, disproportionality should be examined as a correlation to underlying conditions that can pose a great effect upon not only the quality of a child’s education, but also ______.
Another even more high news case was Ricci v. DeStefano. This landmark case ,most likely lead to Griffin and Low being rewarded as they were, started in 2003 when nineteen firefighters filled a lawsuit against the city of New Haven, Connecticut alleging that the city discriminated against them regarding promotions. Of these firefighters, seventeen are Caucasian and two are Hispanic, had all passed the city test for promotions to management. New Haven officials invalidated the test results because none of the b...
The elimination of disparities in mental health care among ethnic, racial and underprivileged populations, specifically minorities remains a challenge amongst mental health care workers and medical professionals. Many minority areas are more impoverished, rely on government assistance and have a higher incidence of sexually transmitted diseases, chronic diseases, and injuries compare to any other ethnicity. In recent studies there are strategies to help eliminate disparities in mental health care, such as improving health care access, quality, offering diverse mental health workforce, providers, and patient education. These are just several strategies that can help assist in disparities. The goal is to reduce or eliminate racial, ethnic and socioeconomic health inequalities that affect minorities.
The ADA prohibits employer discrimination against qualified individuals with a disability in regard to application procedures, hiring and firing, promotions, pay, training, and other terms, conditions, and privileges of employment (Hernandez, 2001). This applies to the entire range of employer-employee relationships, including testing, work assignments, discipline, leave, benefits, and lay-offs. In addition, the ADA prohibits retaliation against individuals w...
In recent discussions of health care disparities, a controversial issue has been whether racism is the cause of health care disparities or not. On one hand, some argue that racism is a serious problem in the health care system. From this perspective, the Institute of Medicine (IOM) states that there is a big gap between the health care quality received by minorities, and the quality of health care received by non-minorities, and the reason is due to racism. On the other hand, however, others argue that health care disparities are not due to racism. In the words of Sally Satel, one of this view’s main proponents, “White and black patients, on average don’t even visit the same population of physicians” (Satel 1), hence this reduces the chances of racism being the cause of health care disparities. According to this view, racism is not a serious problem in the health care system. In sum, then, the issue is whether racism is a major cause of health care disparities as the Institute of Medicine argues or racism is not really an issue in the health care system as suggested by Sally Satel.
For many decades, Americans’ health has been greatly impacted by many social, economic and environmental determinants (Plough, 2015). These social, economic, and environmental determinants include income, education, ethnicity, natural and built environment. These factors create the health disparities in the health care system. The culture of health has changed over the last several generations. Health is viewed as not just needing to seek health care, but rather to recognize all aspects of people’s lives that support an active and healthy lifestyle and environment. The aspects can be their work, families and comminutes (Plough, 2015).
When society thinks of healthcare, there are many racial disparities within healthcare, especially in treatment. How being a person of color in the United States can be difficult when it comes to accessing health care, especially in the hospital. In the United States, there seems to be a separation between physicians and patient, which contributes to the disparities in quality of healthcare. The hospital is a place where people should feel equally treated. The hospital is also a place where can be refused medical attention due to their socioeconomic status, race and gender. A patient needs to have confidence in the capability of their physician, so that they can be able to confide in him or her. When a person goes to the hospital to have
Today’s society protects against discrimination through laws, which have been passed to protect minorities. The persons in a minority can be defined as “a group having little power or representation relative to other groups within a society” (The Free Dictionary). It is not ethical for any person to discriminate based on race or ethnicity in a medical situation, whether it takes place in the private settings of someone’s home or in a public hospital. Racial discrimination, in a medical setting, is not ethical on the grounds of legal statues, moral teachings, and social standings.
Many types of research indicate that being successful in business is directly proportional to fairness. Hence, numerous employees theoretically figure out the importance of fairness in business when starting their careers. However, the facts in the business world are different. Specifically, many western experts have developed their arguments on this issue since nearly 30 years. According to (Velasquez, et al, 1990) discussions about fairness have a long time tradition in Western civilization. Recently, there is a significant debate between employees, managers, and customers related to the issue of fairness in business. Initially, the definition of fairness must be explained clearly in order to do a rational analysis. Warlop (2003) pointed