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The Equality Act 2010 promote anti-discrimination
Disability discriination act 19995
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Under the law, intellectual disability in relation to a person over the age of 5 years, is defined as significant sub-average general intellectual functioning; and significant deficits in adaptive behaviour, each of which manifest before the age of 18 years.
Legal Responses
Legislation
Many intellectually disabled individuals are mis treated and discriminated against in the work place or the community. In response to this, two main acts have been established ; the Disability Discrimination Act 1992 (Cwlth) and the Anti-Discrimination Act 1977 (NSW). Although some forms of discrimination are not covered by legislation, parliament has ensured that people with an intellectual disability have equal access to resources such as accommodation, education and employment. Also, it is illegal to discriminate against a person based on his or her disability, which in turn protects an individual's rights.
Evaluation of effectiveness
First of all, legislation to prevent disability discrimination must be broad in its definition of disability, as any group of people who believe that they are disabled would be disadvantaged greatly if they were not included in the definition. A reason why this act is effective is that it covers discrimination that occurs because a person is presumed to have a disability, and also protects partners and family members of people with a disability from discrimination. Another reason why this act is effective is that it is enforceable; if an individual breaches this act, punishment is imposed. For example, the mis-treatment of staff is addressed by the legislation s. 297 of the Disabilitiy Discrimination Act 1992 (Cwlth) which enforces fines up to 50 penalty united (one penalty unit being $110) or six months o...
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...e positive outcomes.
Evaluation of effectiveness
Responsiveness: This organisation responds to the changing attitudes of society that de -institutionalizes the intellectually disabled and supports their integration into the community and the work place. However in terms of the organisation responding to the individual, it could take weeks if not months for any action to actually occur.
Resource efficiency: Non government organisations such as this would have difficulty acquiring economic resources thus their ability to provide for the disabled may be affected. They would usually have to rely on donations from the community which may be scarce.
Accessibility: A difficulty in terms of access to this form of support would be intellectual barriers for those without guardians and do not have the mental capacity to use the website and/or respond to it in any way.
The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADA's ban against disability discrimination applies to both private and public employers in the United States.
Moran, John Jude. "Disability Discrimination." Employment Law: New Challenges in the Business Environment. Upper Saddle River, NJ: Prentice Hall, 2014. 413-14. Print.
...ersons with disabilities to function as a productive member of society. Or what is thought to be a productive member, in that this person can be completely independent both in the home and in the workplace.
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
The Americans with Disability Act of 1990 (ADA) was put into force to protect employees from discrimination with disabilities in the area of employment. A person with a disability can be defined under the ADA as someone who has a physical or mental impairment which considerably limits one or more of major life activities. “It has been estimated that nearly one in five Americans has one or more physical or mental disabilities”(law book pg115). The ADA federal law requires that employers with 15 or more employees not to discriminate against applicants and current employees with disabilities and, when needed, provide reasonable accommodations to these individuals who are more than qualified to work. These individuals are protected in regard to the application process, hiring, advancement, firing, compensation/benefits, training or other privileges of employment. If an individual is requesting accommodation due to a disability and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workspace safety must be given the same consideration for employment as any other applicant. An employer is not obligated to hire anyone that is not qualifies to what is considered the essential functions of the job according to the ADA. An accommodation under the ADA must allow the employee enjoy equal benefits, given an equal opportunity for the person with the disability to be considered for the job and to perform the essential functions.
In 1972, Geraldo Rivera with the help of Dr. Michael Wilkin of Staten Island's Willowbrook State School gained access to the institution and filmed the deplorable conditions the residents were living in. Now 25 years later the documentary reflects on four survivors of Staten Island's Willowbrook State School and their families. The family members give testimonials on how it felt to discover that their child had a disability, leave their loved ones in an institution, and the quality of care and services provided. The film also focuses on the progress made by the members that now live in group homes and the quality of their lives.
Mental retardation was renamed Intellectual Disability in the DSM-5. This was to guide away from relying on IQ test scores for the diagnosis of mental retardation and to try and rely more on day to day tasks that one should be doing for their age and cultural lifestyle. There are four levels of mental retardation, mild, moderate, severe, and profound. (Nolen-Hoeksema, 2011). The least severe of them is the mild mental retardation. Children...
The act presents disabled workers with a catch 22: it places disabled workers into two categories; the worker is either too disabled to be working at all, or they are not af...
According to a survey conducted by the Center for Disease Control, 22.2% of the United States population reported having some sort of disability (2013). While the Americans with Disabilities Act (1990), acts to prevent the discrimination of people with physical and mental disabilities, it has been unsuccessful in erasing it all together. Almost a quarter of the US population is disabled, meaning that almost a quarter of the population face some form of inequality due to their physical
Disabled workforce has been another untapped resource, particularly since their talents have often been underestimated. The stigma played a key role for them to enroll in separate courses from their peers in secondary schools that merely prepares them for lower paying jobs. Such practices not only limited their access to higher quality education, but opportunities to prove prospective employers that they are competent in handling knowledge-based jobs. Such miscalculations are causing employers and business leaders to disregard many of disabled Americans that are actually capable of working in high growth markets, thus, solving the skill shortage crisis. “Nearly 13 percent or more than 22 million working age adults in the United States have a disability, according to 2006 statistics” (Heldrich 2008). There may be an increasing percentage of disabled workforces who will be seeking job positions; yet, their representation in the workforce is in jeopardy of decreasing as the economy becomes more complex. “Nearly 38 percent of working age adults with a disability were employed compared to nearly 80 percent of individuals without disabilities” (Heldrich 2008). Possible candidates with intellectual disabilities may face more obstacles because their limited mental capacity will label them as not having the potential of handling the challenges of 21st century workforce. “The U.S. Equal Employment Opportunity Commission (EEOC) defines people with intellectual disabilities as meeting the following three criteria: 1) Intellectual functioning level (IQ) below 70-75; 2) Significant limitations in adaptive skills – the basic conceptual, social and practical skills needed for everyday life; and 3) Disability began before age 18” (Kauffman 2007). ...
People with intellectual disabilities can and do learn new skills, but they learn at a slower process. There are varying degrees of intellectual disability, from mild to profound. In society today, mental retardation is no longer the appropriate political terminology when referring to people with an intellectual disability or developmental disability. Today the term used in the medical professional is intellectual disabled.
It is necessary to explain what clinical skills are and why they are essential in ID (Intellectual Disability) nursing. For the purpose of this assignment the focus will be on a traditional skill of care planning and a non-traditional skill, accessible communication. These skills combined, give a more in depth understanding on the role of the RNID (Registered Nurse Intellectual Disability) in the overall care of a person with ID. Maintaining competence is an integral part of the role of the RNID. Competence in this context can be described as a holistic integrated approach when caring for an individual with ID (Gonczi 1994). RNIDs use a nursing process such as the bio psychosocial approach when looking at the overall needs of a person. Realising that all aspects of a person such as the biological, psychological and sociological are interlinked ensures that all needs of an individual with an ID are met. Clinical competence is a necessary component of nursing and the NMBI formerly known as An Bord Altranais (2005) is the governing body in Ireland. According to Gleeson (2008) the development of skilled clinical practice is at the centre of nurse education. Two recent reports are influential as regards the role of the RNID in the overall care of a person with ID and they are the IDS-TILDA (Intellectual Disability Supplement to the Irish Longitudinal Study on Ageing) ( McCarron et al. 2011) and Strengthening the Commitment –The Report of the UK Modernizing Learning Disabilities Nursing Review 2012. Reference will be made to these reports as the assignment progresses.
People with disabilities often face societal barriers and disability evokes negative perceptions and discrimination in society. As a result of the stigma associated with disability, persons with disabilities are generally excluded from education, employment, and community life, which deprives them of opportunities essential to their social development, health and well-being (Stefan). It is such barriers and discrimination that actually set people apart from society, in many cases making them a burden to the community. The ideas and concepts of equality and full participation for persons with disabilities have been developed very far on paper, but not in reality (Wallace). The government can make numerous laws against discrimination, but this does not change the way that people with disabilities are judged in society.
...ate and local government. The government will protect and defend people with disabilities’ right against discrimination, but the law contradicts itself by pushing standard measures to ensure the prevention of a baby with a disability to be born.
“For purposes of nondiscrimination laws (e.g. the Americans with Disabilities Act, Section 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), a person with a disability is generally defined as someone who (1) has a physical or mental impairment that substantially limits one or more "major life activities," (2) has a record of such an impairment, or (3) is regarded as having such an impairment.