Abstract: America is a free country and everyone has the ability to accomplish their dreams if they are willing to work hard for it. Minorities have been working for this right since their ancestors came into this country. On the contrary, does that apply to those with disabilities? No one should be treated unfairly based on their because of their disabilities. Whether it is psychological disability or an injury that cannot be recovered from, the disabled need jobs and to be treated fairly.
Who are considered disabled?
The University of Iowa history professor, Douglas Baynton says disability is a physical or mental handicap, especially one that prevents a person from living a full, normal life or from holding a gainful job. Should that be right? Sometimes these people are their only support system and they need a job. It is true that some jobs require full bodily functions but, what about the jobs that can be done? According to Title I of the Americans with Disabilities Act requires, employers of 15 or more employees to provide an equal opportunity to qualified individuals. It prohibits discrimination in various aspects of employment. This restricts employers from asking applicants about health conditions before a job offer. The actual law reads :
“No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” (Chan, 2012)
Employers are obligated to provide accommodations to the known physical or mental limitations of applicants or employees that are due to the disability (Davidovich, 1996). Employees living with a physical disabilities are protected under federal law, but are not given them special treatment to make things fair. Even though there are numerous laws in place, discrimination still occurs. Yet, there is a way to prevent discrimination to those with disabilities (Davidovich, 1996).
Prevention of Discrimination
Discrimination against the disabled is mainly stopped by federal laws but it still runs rampant and other means of prevention are used. Most opinions about any circumstances are changed or sustained at a young age. To prevent continued discrimination against disabled people, Americans needs to obligate a curriculum about disability discrimination issues in public schools the same way they talk about gender, racial, and other ethical issues. (James Chan 2012). According to University of Iowa history professor, Douglas Baynton, American scholars and educators discuss and teach gender, racial, and ethnic issues about inequality, but not issues relating to disability inequalities. Without teaching about disability inequality students don’t see that discrimination against the disable is immoral. Discrimination is wrong in any case.
There is also some discrimination protection to those with disabilities on a state level. In the case of Bragon v Abbott (BA) started a more state to state protection. State laws frequently prohibit disability discrimination and apply to many employees without being regulated by the federal law. The BA also became aware of those with disabilities. In this Supreme Court ruling a woman was protected from discrimination to accessing dental services even though she had asymptomatic HIV infection (Gostin, Feldblum & Webber, 1999). States also have a number of laws prohibiting disability discrimination that applies to many employers and others that are not regulated by federal law. This helps the disabled to be protected no a state with level not only a