Currently one in eight people in the United States has a disability; accordingly, there is the necessity for the Government to ensure protection and accommodation for these vulnerable groups. Before introducing the American Disabilities Act (ADA), people who could not perform their job due to their health problems were most discriminated and fired. Nowadays the disabled are in safety in many sectors of life such as education, employment, transportation, public spaces, etc. However, some business owners and even some disabled claim that ADA has gone too far, and it makes one think that the act has given too many privileges for the disabled.
The ADA that was effected in 1990 has advantages and drawbacks. The initial and the most important aim of the ADA is to provide disabled people with opportunities to work, obtain education, and move in public spaces equally with others. However, not many people can agree that the Act has only positive impact because disabled people receive too many privileges.
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As regards advantages, the American Disabilities Act eliminates discrimination against the disabled in employment because “corporations have an interest in profit and labor, and hence marginalize, displace, or disregard disabled people or simply make them disappear” (Roth & Peters, 2002, p.93). In addition, it establishes workplace standards that enable disabled persons to perform their job as other people. Moreover, in the sphere of telecommunication the ADA forces telephone companies to make their services available for people with hearing and speech impairments, thus giving an opportunity for communication for everyone.
On the other hand, people who have a lower degree of disablement speculate on their mental or physical disabilities and obtain the same benefits that receive people with significant health problems. For instance, some people who qualify to park in places reserved for the disabled may take someone else’s space being aware that more seriously disabled people require it more. Moreover, the Act in some way forces employers to hire people who are not qualified and the advantage is offered to them. In this way, disability becomes superior to professionalism, which is the reason why many employers are hostile to such policy. What is more, the disabled may benefit from employers’ reluctance to tailor themselves to the requirements of people with special needs. “Under the ADA, disability presumably approximates a financial benefit, as it requires some special attention from employers” (Roth & Peters, 2002, p.95). The disabled win lawsuits and receive compensations but, fortunately, only less than 10 percent are won, and the number of cases under the ADA proves its futility.
The American Disabilities Act is too expensive for business owners. Thus, they are required to alter their workplace conditions to meet the needs of the disabled people and forced to comply with the ADA requirements, and no one is interested whether they are ready to adapt. “It is not in the interest of bureaucratic capitalism to fit the job to the person, except in the token ways advanced by the ADA as ““reasonable accommodation” without “undue hardship” from employers” (Roth & Peters, 2002, p.88).
Overall, throughout its history, the American Disability Act aroused high controversy because it has evident advantages and drawbacks. What is importantly, being protected by ADA, millions of people can request legal recourse. Those who are in trouble require individual support and protection, and American Disability Act implements this. In this way, people are less discriminated and have more rights in all spheres of life. However, having benefits due to their state, the disabled people may take anyone else’s places in employment, education, transportation, etc. regardless of their qualification, knowledge and their gravity of disability.
References
Roth, W., Peters S. (2014). The Assault on Social Policy(2nd ed.). Columbia university press.
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