American Disability Act and Affirmative Action

American Disability Act and Affirmative Action Critique

The American Disability Act (ADA) and Affirmative Action laws attempt to prevent discrimination against disabled people and minorities in education and employment. They enable opportunities for the disabled and minorities to obtain an education and a job and they provide a legal avenue if these population are discriminated against. These laws have proven beneficial over time but they have also stirred some controversy. This paper will critique each law and its pros and cons.

American Disability Act

President George H. W. Bush signed The American Disability Act (ADA) into law on July 26, 1990 (United States Department of Justice, n/d). The ADA provides clear and understandable rules for the elimination of discrimination against individuals with disabilities (Richards, 1993). The disability must be a long term physical or mental impairment that limits life activities. Disabilities that last less than six months are not covered, nor are illegal drug use, drunkenness, sexual preference, or pregnancy (1993). It is the Nation's method of helping people with disabilities become employed and remain self-sufficient. Rules for hiring and retention of disabled employees apply to workplaces with more than 14 employees (Richards, 1993). The ADA seeks to prevent discrimination by limiting the employer's access to medical information and by providing legal remedies for victims of discrimination (1993). Enabling equal opportunities for disabled people to work saves the government money from having to support the disabled people and enables people with disabilities to contribute to society and provide for oneself.

Pros of ADA

There are many pros in applying ADA. Disabled people can apply for a job that they are qualified to do without worrying about their disability preventing them from succeeding. If a place of employment denies a disabled person a job or promotion because of the disability, when the person is qualified to do the job, ADA provides legal remedies for the disabled person to stand up for his or her right. Furthermore, employers must provide accommodations for disabled people. For example, ramps provide access for people in wheelchairs. A business cannot deny a person employment if they are qualified and need a ramp. The business would need to add a ramp, unless the building was old enough to be grandfathered in and ADA rules do not apply.

Cons of ADA

Some cons of ADA lie on the margins or fringes of the law (Graham, 1997). ADA is worded in a general style that covers the wide ranges of disabilities. Some people worry that it protects people who do not work well. For example, people with unusual mental illnesses or people who are too difficult to get along with. There are also questions about the "required reasonable accommodations in job assignments and structure" (Graham, 1997). Older buildings can be grandfathered in and not have to comply with structure accommodations, which makes it difficult for some disabled people to enter the building and work. Employers may feel that it is not their responsibility to help disabled people work but they have no choice because of ADA. This may cause a hostile environment for the disabled employee.

Affirmative Action

Affirmative action was initiated in 1964 by the administration of President Lyndon Johnson. Affirmative action began by prohibiting the use of aptitude tests and other criteria that tended to discriminate against African Americans but was later broadened to cover women,

Native Americans, Hispanics, and other minorities (affirmative action, 2013). It was the nation's way of taking positive steps to increase the representation of women and minorities in areas of employment, education, and culture (Fullinwider, 2013). Affirmative action seeks to increase the representation of women and minorities by providing opportunity. It does not require specific quotas to be filled anymore but rather the compliance to expand employment and education opportunities to women and minorities is done through good faith (2013).

Pros of Affirmative Action

Affirmative action opens many doors for women and minorities and gives people a chance to be judged on individual ability. It removes preferences and other