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Rights of person with disability essay
Fair Labor Standards Act of 1938
Disability rights essays
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The nations largest minority group and the only group anyone can become a member of is the group of disabled people. The unemployment rate of people with disabilities is ten times greater than the national unemployment rate. Disabled persons in the workforce are not only underprivileged, but are also discriminated against mentally, physically, and economically. It has been legal to pay less than the federal minimum wage to individuals with disabilities since the pass of the Fair Labor Standards Act (FLSA) in 1938. Section 14(c) of the FLSA has allowed the secretary of labor to grant special wage certificates to employers that provide employment to workers with disabilities, permitting them to pay their disabled absurdly low wages. Hence, excluding individuals with disabilities the protection of the Federal Minimum Wage. In fact, some section 14 (c) workers are paid as little as twenty-two cents per hour – legally. At the time, this law was passed people agreed that disabled workers should be exempt from the minimum wage because they could not provide the same work output. Defenders of section 14 (C) argue that it has created opportunities for the disabled and it is giving them meaningful work. However, the job market has changed significantly today with the use of assistive technology and training, which makes it possible for disabled workers to improve their performance and allows them to work in a wide variety of job tasks.
Supporters of the section 14(c) act state that minimum wage provisions provide employment opportunities. However, there are others who are against this act and question the appropriateness of paying disabled people less than minimum wage. One might question these organizations to whether or not they are us...
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United States General Accounting Office. (2001, September). SPECIAL MINIMUM WAGE PROGRAM: Centers Offer Employment and Support Services to Workers With Disabilities, But Labor Should Improve Oversight. Report to Congressional Requesters. GAO-01-886. Retrieved from http://www.gao.gov/assets/240/232264.pdf
U.S. Census Bureau, (2012). American fact finder. Retrieved from http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml
U.S. Department of Labor, (2013a). Add us in. Retrieved from http://www.dol.gov/odep/topics/DiversityAndInclusion.html
U.S. Department of Labor, (2013b). Building an inclusive workforce. Retrieved from http://www.dol.gov/odep/pubs/20100727.pdf
U.S. Department of Labor, (2013c). Diverse perspectives: People with disabilities fulfilling your business goals. Retrieved from http://www.dol.gov/odep/pubs/fact/diverse.htm
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 movement continues to make great strides towards the empowerment and self determination ("Disability rights movement," 2005, p. 3). On the other hand, it has not completely broken down barriers that continue to create the dynamics of oppression among such individuals. For instance, WIOA can be harmful to individuals with disabilities because there are still societal prejudices and biases associated with the stereotypical portrayal of people with disabilities and WIOA has played a role in it. For example, WIOA networks with employers to hire individual’s with disabilities and place them in conventional settings, where they work with others who have disabilities, for example, Walgreen’s and in fact, these participating organizations have also increased their pay. In my opinion, individual’s with disabilities should be able to work with individuals who are not disabled, as well. Furthermore, pay for those individuals who are still considered to be in “sheltered” work programs have not received an increase in pay. Additionally, according to my studies, in 2012, less than 30 percent of Florida’s civilians with disabilities between age 18-64 living in the community were employed. There is a greater priority focused on young people who are disabled. This is an additional issue in my opinion which can be considered discrimination, because, the focus leaves out middle aged individuals as well as,
Barker (2014, p.1) suggests that the law may be defined as a rule of human conduct, imposed upon and enforced among the members of society in which laws are inaugurated to ensure that social order continues. As a result, laws ensure that members of society may live and work together in an orderly manner by following the same rules. However, laws have different affects on individual members in society and from this point of view, this essay will focus on how laws in society affect individuals in minority and disadvantaged groups.
Because of a 75 year old section of the Fair Labor Standards Act of 1938, companies that use sheltered workshops to train workers with disabilities, such as Goodwill Industries, can legally pay their employees just pennies an hour. The section of the Fair Labor Standards Act that legalizes this behavior needs to be repealed in order to ensure fair pay and treatment of every employee in today’s workforce. To begin, I will explain the use of sheltered workshops and the timed tests used to determine subminimum wages for employees with disabilities. I will then go on to discuss the history of the Fair Labor Standards Act of 1938 and how companies use a section of the legislation to get away with paying their employees with disabilities so little. And finally I will discuss the ethics behind the use of this piece of legislation and also provide a counter argument which supports subminimum wages.
The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA 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 person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
"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 Disabilities Act not only opened the door for millions of Americans to get back into the workplace, it is paving the road for new facilities in the workplace, new training programs and creating jobs designed for a disabled society.
The education system is arguably the most beneficial system in the world; however, it also contains many controversial practices. Proper funding, discrimination, and curriculum are just some of the problems in today’s education system. Everyone has a different opinion about what is best for our children and it is impossible to please everyone. As long as the educational system is in tact, then there will be confusion and debate within the system and its’ administrators. The only thing that can be done is attempting to make it so that everyone will benefit equally, but this is much more difficult than one would assume. I will focus on the aspect of discrimination on minorities within special education and more specifically the following questions: Does the special education system discriminate against minorities? If so, how? What can be done, if anything, to correct or improve this system?
The Americans with Disabilities Act of 1990 that was signed into law by George H. W. Bush is one of the most comprehensive pieces of legislation dealing with civil rights today. It was instrumental in protecting the rights of the mentally and physically disabled. The law has made many contributions to America as a country and helped it enter the modern world as a socially diverse nation. It was amended in 2008 by George W. Bush, who continued the work of his father in protecting disabled peoples rights. The specific company that will be the focus of the paper is Stater Bros. Markets. Stater Bros. is the premier supermarket in Southern California and does 3.9 billion in sales annually. The paper will also analyze how this legislation has affected the country and businesses as a whole.
"Disability the facts." New Internationalist Nov. 2013: 20+. Advanced Placement Government and Social Studies Collection. Web. 27 May 2014.
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors (US Department of Justice, 2011...
http://www.ons.gov.uk/ons/dcp171778_270487.pdf [Accessed 28/01/14]. Scotch, R (1989) From Good Will to Civil Rights: Transforming federal disability policy. Temple University Press: Philadelphia, PA. Shakespeare, T (2006) Disability: Rights and Wrongs.
Every day in America, a woman loses a job to a man, a homosexual high school student suffers from harassment, and someone with a physical or mental disability is looked down upon. People with disabilities make up the world’s largest and most disadvantaged minority, with about 56.7 million people living with disabilities in the United States today (Barlow). In every region of the country, people with disabilities often live on the margins of society, deprived of some of life’s fundamental experiences. They have little hope of inclusion within education, getting a job, or having their own home (Cox). Everyone deserves a fair chance to succeed in life, but discrimination is limiting opportunities and treating people badly because of their disability.
This act established old age benefits and funding for assistance to blind individuals and disabled children and the extension of existing vocational rehabilitation programmes. In present day society, since the passage of the ADA (American with Disabilities Act of 1990) endless efforts of the disability rights movement have continued on the focus of the rigorous enforcement of the ADA, as well as accessibility for people with disabilities in employment, technology, education, housing, transportation, healthcare, and independent living for the people who are born with a disability and for the people who develop it at some point in their lives. Although rights of the disabled have significantly gotten better globally throughout the years, many of the people who have disabilities and are living in extremely undeveloped countries or supreme poverty do not have access nor rights to any benefits. For example, people who are in wheelchairs as a transportation device have extremely limited access to common places such as grocery stores, schools, employment offices,
People with disabilities are still people, they are people with hearts and they are actual physical beings; people with disabilities do their best to live every day to their fullest, yet that is still not enough for others. I feel like as a whole, humans are generally uncomfortable with people who have disabilities. Let’s think of it this way, people live their life every day in their normal lives and then they come across a person with a disability and suddenly their life is interrupted, like it is such a barrier in their flow of life to come across someone different from themselves.