Americanswith Disabilities Act
TheAmericans with Disabilities Act (ADA) was implemented in 1990 as acivil rights law that forbids discrimination against individuals withdisabilities. It came to effect after many complaints from thedisabled on how they are being disregarded and disrespected in allthe major sectors of the society such as job opportunities, schools,transportation and even in the growing sector of technology. However,there are claims that ADA has disrupted the normal running ofbusinesses in America since its introduction. Is the ADA putting toomuch pressure on the growth of small start-ups and entrepreneurs?Does the law turn disabled people into potential lawsuits? Thisresearch work will seek to point out how the introduction of ADA hasinfluenced the economic sector by making it hard to set up andoperate business in the American society as well as providing moreinsights on what the ADA entails.
TheADA is composed of six elements that address the most importantaspect of the society. They are comprised of occupation, publicaccommodations, telecommunications, public entities and variousprovisions. The American dream is a common term that every Americanrelates to from childhood to adulthood. It refers the quality lifethat every America seeks to acquire that involves good education, awell-paying job, shelter and a comprehensive healthcare plan. It wasrealized that those with disabilities are not able to directly enjoytheir stay in the American Society (Seares, P.224). Most of theimportant sectors and services were insensitive and had not beenestablished to accommodate those with disabilities.
Thesigning of the ADA in 2008 by President George Bush marked thebeginning of a new era in America.
Thedisabled were given the attention they deserved, and every section ofthe Act was set to allow the disabled a chance to lead a free,secure, equality, and smooth life. The ADA demanded that every singlesector mentioned in the Act to consider the disabled and allow them achance to pull an easy fight in the society. However, the Act failedto consider the cost incurred by the businesses owners and otherrelated stakeholders in the fulfillment of all the six sections ofthe ADA (Stossel, P.3). It raises more questions on whether the Acthelps to restore the America dream or just shift the challenges fromthe disabled to other Americans in the society.
Establishinga business in America is hard after the introduction of the ADA.Initially, all that a business would worry about was the hundredLabor Department and IRS rules and the required level of hygiene.After the introduction of the ADA, people in business today have toworry about the rules set by the ADA which are never apparent. It isnot easy to follow up the rules of the ADA and establish a businessthat completely respects the requirements of the Act (Stossel, P.5).The baseline of any business is the need to make a profit throughselling products and services.
Manybusiness-minded individuals are more confined with the profitmaximizing aspect than the ‘serving the society’ mentality. It istrue to argue that a business should maximize its profit and ensurethey cut on the cost of production. One strategy that is employedwhen one need to lower the costly of production is the establishmentof an efficient and a team of employees that can adequately servetheir accountabilities. Shapiro argues that the disabled in thesociety are not undeserving but cannot be able to measure theperformance of ordinary people fully (P.2). Hiring disabled people asdescribed by the Act is a liability that the state never seeks tocapture in its argument.
ADAsigns in businesses showing compliance with the Act requirement.
TheADA demands the reconstruction of business premises and commercecenters in a way to capture the needs of the disabled. It is a policythat has to be followed by every business in respect to those withdisabilities. It is costly to establish or construct a businesspremise with a setting that suits the disabilities. It requires morespace and resources that can capture a better percentage of thebusiness revenue.
TheADA demands that every business premise should ensure there isaccessibility of their premises to the disabled and offer themservices with limited psychical barriers. Entities like a hotelshould offer packages that consider the needs of those withdisabilities (Seares, P.240). However, the main issue is whether thebusiness owner is able to forgo a lot of resources for such programs?And what if you develop a commerce center that serves the disabledand fails to get any disabled customers? What are the chances thatthe resources developed will be in service? The ADA clearly deniessmall business owners an opportunity to expand their businesses andmaximize their earnings. They have to spend a lot of their income onrespecting the ADA that apparently does not guarantee the success oftheir business objectives.
Theissues of public accommodation are set to make it easier for thedisabled to access services offered by different business lines:hotels, parks, private schools, doctor’s offices, pharmacies,museums, libraries and recreational facilities. It also calls forchanges in policies and practices to accommodate the disabled. Thewhole sector of public accommodations is well established and wellthought out. However, it limits and risks the stability of the smallbusiness. They have to spend a lot and sacrifice their diminutivespace and resources in order to align their businesses with theregulations described by the ADA.
Seares,Michelle R. "Wellness at Work: Reconciling the Affordable CareAct with the Americans with Disabilities Act." GeorgeWashington Law Review,vol. 84, no. 1, Jan. 2016, pp. 218-248.
Shapiro,Joseph. "ActivistsFight to Rewrite Disabilities Act". NPR.org.N.P., 2017. Web. 13 Mar. 2017.
Stossel,John. "GoodIntentions Gone Bad". Reason.com.N.p., 2010. Web. 13 Mar. 2017.
Trieglaff,Mark and Larry Labiak. "Recreation and the Americans withDisabilities Act." Parks& Recreation,vol. 51, no. 8, Aug. 2016, pp. 52-55