Critical Analysis on Disability-Related Laws and the Abuse and Exploitation of Such Laws - Report Example

Critical Analysis on Disability-Related Laws & the Abuse and Exploitation of Such Laws

Americans with Disabled Act

Introduction

Signed into law in the year 1990, President Bush acknowledged the act as the America’s new and historic civil action that will take care of the comprehensive needs and equality of people with disability. The enactment of ADA act shed some light to the American society and was much promising because it was considered as a watershed in the history of civil and disabled human rights. Some discriminatory ant organs were already in place when ADA was being introduced, but the act took the edges as it promised dramatic changes in enduring that the rights of the disabled were respected. The American with disability statute act was an abroad spectrum that prohibited and condemned discrimination of the disabled in public entities, employment, a private organization as well as public accommodation. The law stretched its arm to cover the private employees as well as publically funded service providers. Critically, the law prioritized bipartisan support whereby, the disabled were presented with the rights to equal opportunity, full participation, and independent economic living. This paper, therefore, critically analyzes the success of the disabled act in America, its failures as well as the exploitations that have been experienced over time.

The Success of the Americans with Disability Act

Studies indicate that since the act came into operation, there has been an increase in employment rates in various industries in the United States. The courts of law have played a significant role in ensuring the implementation of the statute thus giving the disabled equal, and humane treatment just like other physically fit employees (Mackelprang & Salsgiver, 2016). It is also evidenced that some disabled people have benefited from the statute. For instance, the court has pushed for the enactment of the law by helping those who file the cases against disability discrimination. On the other hand, organizations have adopted the statute and have also been in front line to help the disabled to pursue their life goals careers thus increasing the employment rates.

The ADA has successfully prohibited the discrimination of the disabled personalities in the society by supplement the existing rehabilitation act and other earlier ant discriminatory statutes. The ADA has five significant provisions that aid the success of its course. The requirements are referred to us as titles whereby, title one deals with matters concerning the disabled employment provisions while other titles take care of the public and local government services.

The first title prohibits employee’s discrimination on the grounds of his disability. The act has successfully ensured that a qualified employee with disabilities is the one have all the education, experience and any other requirements that fit the employment position. This employee is, therefore, not supposed to be discriminated by his/her disability whosoever the case. As long as the qualified individual can deliver the services like any other employee, he/she is entitled to reasonable accommodations. In this act, reasonable accommodation is defined as the capacity for an organization to make environment-friendly and enabling for the disabled. It involves restructuring schedules, modifying equipment, making the facilities available for other activities that will enable the disabled perform at his best. The ADA statute has also given the disabled a platform to air their view in a court of law in case they are subjected to job discrimination.

The ADA has successfully ensured that Title II, which takes care of prohibition of discriminatory action at the state and local government, has been implemented. According to the act, title II condemns discrimination of qualified disabled people in public programs, services as well as entities. This title demands that public organization and boards members should step forward and face situations from a critical point of view. For instance, the administrative process is followed carefully and accommodative, meaning that the self-evaluation and determination requirements have been taken into consideration. This has, in turn, eased the adjustment of policies, procedures, decision making, and therefore eliminating discrimination of all kinds and in the process, ensuring that communication is effective with people having vision, hearing and speech inabilities. The success of this title had been made possible through regulation and enforcement of the United States Department of justice.

Part three of the act is title III, whereby, discrimination of disabled people in private and public accommodation is outlawed. This title has ensured that there are rules and regulations that dictate public facilities to alterations and construction of accommodative facilities for the capable physically challenged employees (McMahon et al., 2016). The law also demands that the business modify their normal way of doing things when serving the interests of the disabled.

Title IV of the law has ensured that telecommunication companies give those individuals with hearing problems have been provided with inter and intrastate communication relay services that otherwise facilitates telephone communication. On the other side, the final title has been practiced successfully, whereby; the different life aspects had been covered. The different issues include; a good relationship with the state laws, insurance of the disabled among other life touching issues.

Failure of the American with Disability Act

Despite the fact that act was signed to protect and present opportunities for the disabled, some studies indicate that the law might have caused more harm than good to the disability cases in the American society. For example, the aspect of employment has remained an illusion for the past one decade. It is evident that employment rates of the disabled people have been declining over time and the argument proposed is that organization faces high costs of accommodating the disabled and in due course, organization withdrew from employing the physically challenged individuals. Also obtaining employment is still a difficult task for people with visual and severe disabilities.

Focusing on the primary goals of ADA, that is; full participation, equal opportunities, inclusion, independent lifestyle and economic sufficiency, barriers still exist. For instance, there is a disparity in accessing health insurance, inconsistency at the workplaces and also financial possession for people with disability as compared to those who are entirely fit. There has also been a total failure in providing the visual and incapable individuals with consistent information.

Evidence indicates that the act has failed in pursuit of the spawning and endless lawsuits and decrees that have otherwise harmed those who could have otherwise been saved from discrimination agony (Mackelprang & Salsgiver, 2016). The increasing lawsuits have been a burden to arcane architectural standards. The law worked perfectly when ADA defined disability as a physical or mental condition that limits one from carrying out daily activities. When the definition was broadened to include people with diabetes, cancer, HIV/AIDS and even pregnancy, marked the beginning of its fail. This law has then been perceived as a way of extorting millions of money from the organization for people who can’t be financially self-sufficient.

Some economists have argued that the law was poorly formulated and instead of helping the needy, it has subjected the disabled individual to harsh environment making them more vulnerable (McMahon et al., 2016). The provisions of the Act have increased the number of the people claiming to disable thus suffocating the efforts of the government in giving out incentives. Also, emplacement has been a problem because the disabled have been settling more than what they sweat for, making organizations think otherwise.

Exploiting the American with Disabled Act

Enacted in the year 1990, the law demanded that the disabled Americans should be given maximum mainstream to activities. Secondly, the organization should provide accommodative services to serve the interests of the disabled at their best. These goals have been exploited with time thus making hindrance to its achievement ("Exploiting the Americans with Disabilities Act," 2012). For instance, lawyers have fought hard for the industries which could not comply with title III of the law thus bringing out rays of abuses that violate the law thus affecting the needy Americans.

The fact that the law accepts that the plaintiff should collect the fees on the charged lawsuits has exploited the entire act since lawyers are allowed to collect thousands of money in the name fees charged for the suit filed. The civil law rights protect them, and as a result, they exploit the victims.

Conclusion.

In conclusion, the America with disability act is a disability-related law that spearheads the rights of the disabled Americans about workplace by along the way; it loses direction because of the controversy it faces. The increasing number of lawsuits and decreed in the courts has been a major hindrance to its implementation, and therefore, certain amendments should be in place to ensure that both parties are satisfactorily accommodated by the law.