Contemporary Issues Project: Solutions and Conclusions
Darrinne Rolle
Principles of Ethics 445
DeVry University
Professor James Hewitt
10th April 2022
Contemporary Issues Project: Solutions and Conclusions
Each of us has unique obstacles. However, I am confident that disabled individuals (often referred to as PWDS) confront much higher impediments than non-disabled individuals. We fail to acknowledge the immense responsibilities put on PWDS by a culture in which inclusion, integration, and accessibility are not seen as urgent or priority problems. Many non-disabled individuals are unaware of the full impact of living with limits due to a functional impairment of a physical, intellectual, or sensory capacity since they are not faced with the same as PWDS, who live the lifestyle every day. This is of immense concern, as I believe that becoming a part of others’ lived experiences is a crucial first step toward deepening our appreciation for not being faced with disabilities; more closely, it encourages one to examine themselves,acknowledge our flaws, and recognizing that the same crippling problems could happen at any given moment.
The Americans with Disabilities Act (ADA) was adopted more than three decades ago. This ground-breaking piece of legislation was a watershed moment in the lives of disabled people (Blanck et al., 2007, p. 8). “Title I of the ADA created breakthrough employment rules that have served as a model for anti-discrimination safeguards for persons with disabilities worldwide,” according to the ADA (Blanck et al., 2007, p. 10). The concept of reasonable accommodation is a repeating feature in every federal law protecting people with disabilities, and it serves as a defining mandate. It requires more than just making buildings, programs, and services physically accessible. Auxiliary services, aids, or barrier removals that must be supplied as long as they do not place an unreasonable administrative or financial burden on the program to which access is sought or do not reduce fundamental program needs are considered reasonable accommodations. Many anti-discrimination laws began to take shape in the 1970s while simultaneously addressing the rights and interests of people with disabilities on a national scale. Since then, PWDS has worked relentlessly to dispel existing misconceptions and unfavorable attitudes while advocating for an equitable share of benefits and privileges such as excellent health care, advanced education, productive job, affordable housing, and accessible transportation (Blanck et al., 2007, p. 14). Similarly, the Rehabilitation Act of 1973, intimately related to the ADA, recognized PWDS as a marginalized minority group entitled to civil rights protections equivalent to those fought for by women and African Americans.
Even though laws have been implemented to safeguard PWDS in the workplace, many face a challenging reality exacerbated by disability misconceptions. A significant ethical dilemma arises with the recognition that various physical impairments might prevent PWDS from performing specific work activities due to the constraints imposed by the disability on job performance. Discrimination in the workplace is another severe issue that might have far-reaching consequences for employers and employees. This is a flagrant violation of the ADA, which forbids discrimination against PWDs (Americans with Disabilities Act, 1990). Employers, particularly those who own small businesses, are scared of being sued to a great degree. One particularly salient issue is when a PWDS employee exhibits poor performance that should result in termination; yet, the employee’s firing may be deemed discriminatory. All employers must meticulously track and document their employees’ productivity and performance to establish clear performance objectives.
Recognizing the tremendous implications of workplace discrimination, job performance challenges, and job termination issues, I contend that employers of PWDS must ensure that all legislated provisions to protect employment rights are closely followed and adhered to with fairness. Additionally, I recommend that employers of PWDS devise a systematic blueprint to facilitate ongoing education, awareness, and sensitivity training of workplace personnel. More importantly, I would implore that the job environment for qualified PWDS is outfitted with adaptive aids and devices to enhance their efficiency and productivity in the execution of their duties, roles, and responsibilities to substantially reduce the possibility of any discriminatory practice resulting from the denial of reasonable accommodations or the lack of resources.Coupled with this fact, I believethat if employers are to be held accountable for creating all-inclusive work environments,the laws passed to protect PWDS must be appropriately monitored, applied, and enforced. Moreover, when two persons have equal statusin at least one normatively relevant respect, they must be treated equally with regard in the workplace. This is the generally accepted formal equality principle that Aristotle articulated about Plato” (Gosepath 2021).To achieve this end, practitioners, politicians, policymakers,and employers must advocate persistently the change being sought (Anand & Sevak, 2017, p. 12).
Everyone should play a vital role in helping to level the playing field for the integration of PWDS in all aspects of society. When a segment of our people is adversely affected, the community should not idlystand aside and allow their anguish to worsen. Instead, proactive steps should be taken to rectify the problem, leaving no stone unturned. Sometimes as people, we do not do enough to make a difference, especially if we are not the ones in distress. However, as human beings, we need to abandon our attitudes of selfishness and respond to others unlike ourselves with compassion, receptivity, and acceptance. After all, none of us are exempt from a disabling condition, and it would be wise for us to begin to change our mindset towards people whose physical limitations might alter their way of doing things.
Although history has not always been kind to PWDS, it has taught us many hard but valuable lessons about human dignity, decency, and respect. To avoid the pitfalls of past mistakes, it was necessary for the ADA and the UN Convention on the rights of PWDS to be introduced and implemented to end the inhumane practices perpetrated against minorities and vulnerable people.With time, PWDS gained their independence through empowerment and realized that they deserved to live and work in a job environment where discrimination would be outlawed, and inclusion would be promoted.Qualified PWDS would be allowed to work and provided reasonable accommodations to pursue their lifelong ambitions. Realizing that such transformations couldbest be obtained through effective partnerships, it is essential for employees and people with disabilities to work on accommodations as partners and allies. Concessions are most effectivewhen all parties collaborate as actualassociates.
References
Americans with Disabilities Act (1990) United States Department of Labour. https://www.dol.gov/general/topic/disability/ada
Anand, P., & Sevak, P. (2017). The role of workplace accommodations in the employment of people with disabilities. IZA J Labor Policy 6(12), 6–14. https://doi.org/10.1186/s40173-017-0090-4
Blanck, P. (2020) Disability Inclusive Employment and the Accommodation Principle: Emerging Issues in Research, Policy, and Law. Journal of Occupational Rehabilitation, 30, 505–510. https://doi.org/10.1007/s10926-020-09940-9
Blanck, P., Adya, M., Myhill, W., N. &Samant, D. (2007). Employment of People with Disabilities: Twenty-Five Years Backand Ahead. Minnesota Journal of Law and Inequality, 25(2), 6-18. https://scholarship.law.umn.edu/lawineq/vol25/iss2/2/
Bonaccio, S., Connelly, C. E., Gellatly, I. R., Jetha, A., & Martin Ginis, K. A. (2020). The Participation of People with Disabilities in the Workplace
Across the Employment Cycle: Employer Concerns and Research Evidence. Journal of business and psychology, 35(2), 135–158. https://doi.org/10.1007/s10869-018-9602-5
Gosepath, S. (2021). “Equality”. Stanford Encyclopedia of Philosophy. https://plato.stanford.edu/entries/equality/
Patterson, S. (2004). A Historical Overview of Disability and Employment in the United States, 1600 to 1950. Review of Disability Studies: An international Journal, 7(3), 10-15. https://www.rdsjournal.org/index.php/journal/article/view/117
United Nations. (2006). Convention on the Rights of Persons with Disabilities. Treaty Series, 2515, 3.