People with Disabilities: The Disability Act of 1990 - Research Paper

Introduction

Disability can be defined as an extended or long term physical or mental deficiency that limits significant body functions of a human being. The disability act of the year 1990 is a national law whose sole purpose is to ensure the protection of people who are disabled in any way (Guerin and Sachi 38). The law protects disabled people in various styles and different fields such as education, employment, services from the government, telecommunication services, and accommodations, among others (Guerin and Sachi 38). The disability act requires that any person qualified in any field of education be not to be discriminated against because of their physically disabled state. Disabled persons are to receive the same quality of education as their counterparts who are not disabled. This law ensures that there is uniformity in the field of education and that people with disabilities do not receive lower-quality learning services.

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The same applies to other fields, such as government services. Disable individuals are to enjoy the same services from their governments as people with no limitations, whether in terms of jobs provided and recreational resources, among others. Under the field of employment, which is a crucial sector in the economy, the disability act required that covered employers do not discriminate against people with disabilities who are qualified for specific jobs (Guerin and Sachi 38). People with disabilities are to have access to all the benefits and privileges of employment by a covered employer. This law covers all disabled people, from new applicants for jobs to current working employees in business organizations (Guerin and Sachi 38). Disabled persons who are covered do not include customers, vendors, and contractors (Guerin and Sachi 40).

In addition to no discrimination, the same employers are required to provide reasonable and additional accommodations that will enable disabled persons to perform their jobs and tasks with ease, just like any other average person within the organization (Guerin and Sachi 49). Several employers had to comply with the rules of the disability act including, labor organizations, employment agencies, private employers who have fifteen or more employees, local governments, and management committees(Guerin Sachi 38). The disabled employee, however, must also be able to do the fundamental functions that are required of them within the business organizations. As much as the employers must provide accommodations to ensure that a disabled person works well, the latter must be able to perform their tasks with or without their employer's provisions

The American disability act of 1990 is, therefore, for the protection and enhancement of people with disabilities. On numerous occasions before the passing of the above bill into law, a disabled person underwent criticism and discrimination in various vital sectors of the economy. People who had no disability had access to provisions such as education that guarantee a successful life. Disabled people, on the other hand, received leftovers, maybe because they were not seen as complete human beings. Such actions are what prompted the passing of the disability act.

After the establishment of the above the law, however, there still exist instances of discrimination against people with disabilities. Disabled people still do not enjoy their freedoms and rights as much as other people do. It is not in any way surprising that people with disabilities still have access only to lower levels of education, much fewer employment opportunities and rates, poor health services, and lower services from the government, among many others (Shandra 157). Suffice to say, the goal set and the mission of the disability act of 1990 has not yet been realized. Among the goals of the law was to ensure that disabled people blend in with the rest of the population and partake in everyday activities with the same participation as other people without disability. This, however, is not the case.

Disability has a substantial effect on the lives of disabled persons. This effect is shown in sectors such as marriage and transportation. People with disabilities are less likely to be a part of marriage than other people without disabilities. The general population much enjoys the benefits and advantages of marriage more than their disabled counterparts do. Survey shows that only fifty-three percent of disabled adults are married as compared to sixty-four percent of other people within the population (Doyle 41) in the transport sector, as much as seventy-four percent of the disabled adults are mobile daily, only thirty-seven percent are not restricted in terms of the distance they travel and the frequency of travel(Doyle 42)

In the employment industry, disabled people are still experiencing a difficult time competing with other people with no disability for the same jobs. Many of the employers today are still driven by the notion that people with no disability are more equipped to do various tasks in organizations today. This idealism has led disabled people to experience low employment rates as compared to the general population. A disabled person has to offer much more than other people to be considered for the same job by employers. According to a survey, the reason behind this discrimination is that employers assume that disabled people cannot adequately perform the nature of their work (Sprong 43). However, also other employers prefer employing or instead of hiring people with disabilities as compared to other people. The reason behind this is that these employers consider disabled persons reliable and dependable in performing their jobs (Sprong 43). Other employers, on the other hand, do not see any advantage or disadvantage of hiring disabled persons over the general population. As much as there exist mixed situations within the employment industry, most of the disabled persons are still discriminated.

As said before, disability can be either mental or physical. In the employment industry, employers are more aligned with hiring people with a physical disability rather than mental disability. Most employers were found to be more familiar with accommodating people with physical disabilities more than people with mental disabilities. These employers often do not know how to handle mental illnesses, emotional disabilities, and communication disabilities. They, however, to some extent, know how to treat people with a physical disability (Sprong 44). As a result, people who are physically disabled have more chances of employment than people with mental disabilities do.

On the overall, research has shown that three out of ten disabled people are either fully employed or having part-time jobs (Barr 15). Many of the disabled people still suffer from unemployment (Barr 15). This discrimination goes much further than employment. Most of the religions have often related to the disability with sin. These religions have depicted disabled people as lacking favor in the eyes of God, the creator (Barr 16). Disabled people are thus seen as a punishment from God because of the sins of other people, including the family of the disabled person. These religions, therefore, have always deemed the disabled as unworthy of the pleasures and advantages that the other people have (Barr 16). As much as today, there has been a significant decrease in the discrimination from religion; disabled persons still felt the effects and impact.

The film and movie industry is another sector that has partaken in discrimination against people with disabilities. Many films in the past have often cast disabled persons as villains of their story. These films have thus taught people to fear and look down upon people with disabilities. Disabled people have been cast as hunchbacks portraying lowly and unloved people in society (Barr 16) these films portray disabled people as people to be pitied and people who cannot amount to anything substantial in life. Other films today use disabled people as a source of inspiration. Films have used disability as a factor to measure personal achievement and success (Barr 16)

Due to all these factors of discrimination, disabled people have thus had significant problems with their self-esteem and blending in with other people. Many of the disabled persons have gone through denial and low confidence in efforts to fit in society. These disabled people have passed through all the stages of sadness and grief because of discrimination. These stages include anger, denial, bargaining, and finally, acceptance. Many of the disabled people today, however, have deemed self-acceptance necessary for approval in today's society (Barr 16)

It is, therefore, evident that discrimination against disabled persons in the various aspects of life is still present and in action. This discrimination has affected the lives of these people and those around them in many ways. There is the need to outlaw and shame all forms of discrimination against the disabled if, at all, we are to move forward in society today. The making of laws is not enough to eradicate this discrimination. Every single person must take a personal initiative to combat actions of discrimination against disabled persons. This eradication of discriminative practices is the only way to ensure that disabled people and the general population become the same.

Works Cited

Barr, G. Wayne. "Out of Sight, Out of Mind." America, vol. 183, no. 19 Dec. 2000, p. 15.

Doyle, Brian John. Disability, discrimination, and equal opportunities: A comparative study of legal models addressing the employment rights of disabled persons, with particular reference to Britain and the United States. Diss. University of Salford, 1993.

Guerin, Lisa, and Sachi Barreiro. Essential Guide to Federal Employment Laws. Nolo, 2016.

Shandra, Carrie L. "Disability as inequality: Social disparities, health disparities, and participation in daily activities." Social Forces, vol. 97, no. 1, 2018, pp. 157-192.

Sprong, Matthew E., et al. "The Role of Disability in the Hiring Process: Does Knowledge of the Americans with Disabilities Act Matter?" Journal of Rehabilitation, vol. 85, no. 4, 2019.