...Disabled Veterans Affirmative Action Program v. Traditional Affirmative Action The affirmative action programs seen today did not originate in their current form. The programs were created in the 1960’s by President John F. Kennedy when he signed an Executive Order requiring federal contractors to ensure that applications are reviewed and opportunities given without regard to race, creed, color, or national origin. His successor, President Lyndon B. Johnson extended that Executive Order to encompass gender as well. The programs do not grant favoritism towards those protected. Individuals still must have the requisite job experience and educational qualifications necessary to earn the job on their own merit. Affirmative Action programs are designed to promote equality in a few key areas such as the workplace and educational institutions. Some arguments for Affirmative Action are that they give groups who have been denied opportunities in the past an equal chance to succeed. For example, statistics show a person who comes from an educated family is more likely to be educated themselves. This higher chance of educations has translated into more opportunities for success. Affirmative Action opponents claim that the programs reduce the sum of the individuals they were created to support, to simply a race and gender. The programs can lead to employers unofficially saying that an applicant is qualified for a job because of their creed or sex. The Disabled Veteran’s Affirmative...
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...Department of Veteran Affairs definition of a disabled veteran classifies an individual with a disability rate of 30 percent or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty. The coupling of the ADA with the U.S. Veteran’s definition makes for a very dire societal footing for the countries returning marred daughters and sons. The question is does the same government, for whom they made personal sacrifices, owe a qualified candidate from a Service Disabled Veteran-Owned Small Business (SDVOSB) any preferential treatment such as a government contract on a sole source bid. This paper will examine the utilitarian and deontological considerations of the government when employing sole source bid method to SDVOSBs and Affirmative Action’s set aside program. Background In order to honor American citizens who have made significant sacrifices while performing their duty by serving in a U.S. military branch, the U.S. Federal government has made provisions for SDVOSB for the purpose of aiding the wounded and disabled veterans of the United States. This provision is to help SDVOSBs compete against other businesses that have been well-established in the Federal marketplaces. This provision is further supported by Presidential Executive Order 13360 which calls for a significant increase in federal contracting and subcontracting opportunities for service-disabled veteran-owned businesses. The central feature...
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...ADA and Affirmative Action Critique The purpose of this paper is to examine the positives and negatives of the American’s with Disabilities’ Act (ADA), and Affirmative Action. The impact of the ADA and Affirmative Action will be discussed as to how it relates to those American’s living with disabilities. This paper will also examine how the American’s with Disabilities’ Act and Affirmative Action may impact companies adhering to certain regulations, as well as the costs. This paper will also give my personal views pertaining to the ADA and Affirmative Action. Affirmative Action Affirmative Action is a valuable government policy in which “organizations will seek to overcome the effects of past discrimination against groups such as women and minorities, disabled persons, and veterans,” (The Universtity Of Iowa, 2004, p. 1). John F. Kennedy was one of the first users of the phrase “affirmative action” when he used it in his Executive Order 10925. This basically stated that companies were to hire applicants of all backgrounds, those with disabilities, and that these employees were to be treated just like everyone else. American’s With Disabilities’ Act It was in 1990 that the American’s With Disabilities Act was signed by President George Bush. The reasoning for the ADA was “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,” (Atkinson, 2004, p. 42). Persons with disabilities were often...
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...Critique of the Americans with Disabilities Act and Affirmative Action Amaris Joy, Yahoo Contributor Network Jul 11, 2011 "Share your voice on Yahoo websites. Start Here." * ------------------------------------------------- More: * ------------------------------------------------- Americans with Disabilities Act * ------------------------------------------------- Americans with Disabilities Flag Close Post a comment Incidents of discrimination and matters of civil liberties often instigate changes in laws, statutes, and public policies. This paper will address the history of the American with Disabilities Act and Affirmative Action along with the pros and cons associated with each act. Americans with Disabilities Act The Americans with Disabilities Act (ADA) was passed into law in 1990 and prohibits employers and universities from discriminating against individuals with disabilities. The act also requires institutions to make reasonable accommodations at the request of the disabled employee or student. Requests that place "undue hardship" on institutions are exempt from the law; institutions are not legally required to comply. The law states that individuals must inform the institution of all possible means of accommodation; the institution may choose the most convenient and financially feasible option (The U.S. Equal, 2008). Pros of Americans with Disabilities Act The ADA permits disabled individuals to receive an education and obtain employment thereby...
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...ADA and Affirmative Action 1 Affirmative Action and the A.D.A.: Equality Or Patronizing Hector H. Estrada, II University of Phoenix BSHS 421: Cultural Diversity and Special Populations Group SB07BHS02 Bridgette Hernandez, MSW September 17, 2008 ADA and Affirmative Action 2 There has been discrimination in our society for centuries and as a result many with disabilities or those of color were passed over for employment and not given a fair opportunity due to physical appearance. Fortunately there was the executive order to pass affirmative action which guaranteed the hiring of those of color. However many feel that it is a “quota” system that gives jobs to under qualified minorities over qualified Caucasians. This undertone of resentment and judgment has lead to the repeal of the law in California particularly with the University of California system. But does it really benefit those of color to have affirmative action when many employers felt that they only need to hire the minimum number of minorities and still denying many qualified ones. On the same token the American Disabilities Act was passed to guarantee fair hiring of those with physical and mental disabilities due to many years of gross neglect in hiring practices by employers. This too, like affirmative action, assured the hiring of disabled individuals who were more than qualified for positions but were passed over due to physical or mental limitations. This was a positive change from the past...
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...Running Head: AFFIRMATIVE ACTION Affirmative Action In this paper the various elements of affirmative action as it relate to private and public sector employers will be addressed, affirmative action planning for businesses and the requirements of employers in regards to planning and addressing women, minorities, and the disabled. Also an overview of the repercussions for businesses that do not meet affirmative action goals will be addressed. Affirmative action began in the civil rights movement. In March of 1961, President John F. Kennedy signed Executive Order 10925, which established the President's Commission on Equal Employment Opportunity. This order stated that any contractors doing business with the government “will take affirmative action to ensure that applicants are employed, and employees are treated during their employment, without regard to their race, creed, color, or national origin” (Reference for Business 2008). The order did not advocate preferential treatment of the selected groups but rather sought to eliminate discrimination in the traditional sense. A section of the act known as Title VII, which specifically banned discrimination in employment, and paved the way for the subsequent development of affirmative action. The Equal Employment Opportunity Commission (EEOC), created by the Civil Rights Act of 1964, and the Office of Federal Contract Compliance became important enforcement agencies...
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...ADA and Affirmative Action The United States of America is a culturally diverse place. There are people from all over the world living in here. There are people from different cultures, people with different religious and moral standards and beliefs, and people from different races and of different ethnicities. There are also people living amongst us that face special circumstances such as being physically or mentally disabled, challenged by a chronic illness or even sexual orientation. Throughout history there have been cases where people have been discriminated against, ostracized and excluded based solely on their race, culture, religion, or disabilities. The American Disabilities Act and Affirmative Action are examples of two separate laws that were put into place to protect these people, and in turn offering these people equal opportunities. The American Disabilities Act or ADA was put into place initially in 1990 by President George W. Bush. The ADA is a civil rights law that protects people with disabilities. The ADA describes a person with a disability as follows: “An individual with a disability is a person who -- has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such an impairment” (U.S. Department of Justice, American Disabilities Act, 2012). Specific illnesses covered are epilepsy, muscular dystrophy, heart disease, mental retardation, cancer, and diabetes. Specific learning, speech and hearing...
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...discrimination in business, philosophy, psychology and day-to-day community life. In a just and fair society, such as we Canadians aspire to, a job applicant’s race, ethnic origin, colour, religion, sex, age, orientation, mental ability, or physical condition should not disadvantage them in career choices or job competitions. If a short Asian female firefighter can do the job, she should get the job. Conversely she should not expect to receive concessions that are not available to all; that is in effect also discrimination. Unfortunately, discrimination often arises in business in regards to hiring, job placement, wage, and promotion. Affirmative Action Ideally, discrimination should be of no concern at all; everyone should have an equal opportunity to anything. In a perfect world a hiring manager would not have to think thoughts such as, “They are disabled, they are women, they are aboriginal,” and would only think, “This person will be perfect for the job because….” Unfortunately this may never completely happen. For example if a person in a wheelchair applies to be a stock person at Costco and another person who is not in a wheelchair applies for the same position the manager will be debating, “Should I hire the person who cannot walk because I want to be socially responsible? Or should I hire the person who can walk, who will probably do a better job and who I won’t have to make special accommodations for?” Another example is a man and a woman who...
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...ADA and Affirmative Action America is suppose to be the land of the free but for years many of our citizens have been discriminated against on the basis of race, gender, or disability. The Americans with Disabilities Act (ADA) of 1900 and Affirmative Action Acts are two ways our country has taken a stand against discrimination against minorities and those with disabilities. While both of these Acts were created to help ensure that each citizen receives equal and fair treatment they both have their share of controversy surrounding them. This writing will examine both ADA and Affirmative Action for both the positives and negatives that are attached to each Act. After years of disabilities rights groups lobbying congress, the Americans with Disabilities Act was signed into law on Jun 1990 by President George Bush. The ADA was designed to eliminate discrimination against those with mental or physical disabilities in regards to employment, telecommunications, transportation, and public services and accommodations. This law is to help ensure that all American people, regardless of physical or mental disability, has a fair shot at employment and other public services. The ADA requires that any business that employs 15 or more employees must make efforts to provide reasonable accommodations such as safe and accessible work environments, readers for those employees who can not see, allowing for adjustments in the employees schedule to accommodate appointments related to their disability...
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...statement. Current Status of Employment of Disabled People in Indian Industries by JavedAbidi. Source: www.aifo.it This study was conducted by the National Centre for Promotion of Employment for Disabled People, an organization working as an interface between the government, industry, non-governmental organizations and international agencies, to promote employment opportunities for people with disabilities in India. The aim of the study was to identify the current practices of Indian industry with regard to the employment...
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...Affirming Affirmative Action What is affirmative action? Affirmative Action refers to policies that are aimed at increasing the number of people from certain groups in employment, education, business, and government. The groups in reference are African American, Asian American, Native Americans, Hispanic-Americans, people who are identified as disabled, Vietnam veterans, and women. The subject of Affirmative Action policies with the United States has been highly debated for years by those who support them as well as by those who oppose them. In 1961, John F. Kennedy issued an executive order 10925, which utilized affirmative action by instructing federal contractors to take action ensuring that applicants were treated fairly and equally without regard to race, color, religion, sex, or national origin. When the subject of affirmative action is brought up, Title V of the Civil Rights Act of 1964 is relevant. The 1964 Civil Rights Act was a decision that made it against the law for employers in any industry involved in interstate commerce, and employing more than fifteen employees to discriminate in employment practices against any person because of their color, race, national origin, or sexual orientation. In recent years, the policies of Affirmative Action have been under attack. One notable case involves the University of Michigan. The university of Michigan uses affirmative action policies in their admission guidelines that weigh academic and nonacademic factors, including...
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...Administrative Regulation Week 2 Assignment Nicole Alexander 1. Department of Labor: Office of Federal Contract Compliance Programs http://www.regulations.gov/search/Regs/contentStreamer?objectId=0900006480273667&disposition=attachment&contentType=html My father is a 22-year veteran of the United States Army. He was considered 40% disabled because of injuries and trauma sustained during his military career (including two tours in Vietnam) upon his discharge. (Currently he is considered 90% disabled). He also became a government procurement director after his discharge and worked in the arena of assisting other veterans who owned their own businesses attain state and federal contracts. 2. The Office of Federal Contract Compliance Programs published a new set of regulations to implement the amendments to the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974(``VEVRAA'') that were made by the Jobs for Veterans Act (JVA) enacted in 2002. These amendments addressed three areas: a. Raised the threshold dollar amount of the Government contracts that are subject to the affirmative action provisions of VEVRAA b. Changed the categories of veterans protected by the law c. Changed the manner in which the mandatory job listing requirement is to be implemented 3. My comment on the proposal: d. I am writing to support the current proposal changing the category of veteran protection in the current law...
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...Critique of ADA and Affirmation Action BSHS/422 12/22/2013 Critique of ADA and Affirmation Action Past failures and mistakes can make an individual stronger, wiser, and learning from such mistakes will avoid repeating them in the future. The same can be said for a nation. Past history is littered with wrong decisions and unfair bias toward individuals who deserved nothing less than equality. Which is why policies such as the Affirmative Action and The Americans with Disabilities Act are placed within our historic timeline to begin to the process of never having to repeat past wrongdoings. The Affirmative Action was introduced in the 1960s’ as a type of positive discrimination with the intention to combat “injustices caused by our nation's historic discrimination against people of color and women, and for leveling what has long been an uneven playing field” (American Civil Liberties Union, n.d.). Before this act was passed, ethnic minorities and women faced extreme barriers with higher education and employment. It was because of the recognition of the injustice toward these minority groups that began the fight to promote equality and encourage same opportunities as the more privileged population. Within my own research, the best description was that of a metaphor of a foot race. In the United States, the “American dream is framed as a race in which the swiftest runners...
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...Abstract This paper reviewed the literature on the relationship between human resource management (HRM) and the issue of diversity. Presently, there is a growing need to introduce diversity in the work place for the benefit of varying organizations and their human resource needs. Doing so would help them build up creative ideas and experiences, while mingling with people from diverse backgrounds. However, diversity could have negative effects as well in terms of conflicts among employees, and in several other instances. HRM is responsible for providing equal opportunities, and resolving the issues that arise due to diversity. Positive impacts were observed where organizations promoted learning environment. It also highlights different strategies that could be applied for effective diversity management. On the other hand, a need to act sensitively towards employees of diverse background was discussed, while providing them with growth opportunities could help in increasing productivity. Issue statement Human Resource Management (HRM) covers different aspects of an organization, from the recruitment of its employees, to the management of all works, and the problem solving issues that are directly affecting the organizations’ employees. Employees are an asset to an organization, and HRM is responsible for providing them with opportunities to learn and acknowledge their achievements especially in an organization with diverse employees. On the other hand...
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...Critique of ADA and Affirmative Action To critique the Americans with Disability Act (ADA) and Affirmative Action, it is imperative that one knows that the Americans with Disabilities Act is a law and Affirmative Action is a policy. The Americans with Disability Act is a law that prohibits discrimination against people with disabilities in employment, public transportation, public accommodation, communication, and in governmental activities. Affirmative Action is a policy (regulation depends on the state) that is designed to provide equal opportunity (such as employment, education, and other endeavors) to groups that are discriminated and/or minorities (race/color, religion/beliefs/creed, gender, sexual orientation, and/or national origin). Within the ADA and Affirmative Action, there are pros and cons that exist. Pros of the American Disability Act The Americans with Disability Act has helped protect the civil rights of persons with disabilities. The passing of this law has helped many disabled individuals receive recompense for the discrimination that they faced. In 1997, Wal-Mart was found guilty of discrimination by refusing to hire an individual based on the fact that he was in a wheelchair. As part of its evidence, Equal Employment Opportunity Commission introduced a videotape showing the charging party performing many physically challenging activities during his daily life (EEOC, 2012). As a result, he was granted $225,000 which consisted of back pay, compensatory...
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