Sunday, September 8, 2019
American Disability Act Essay Example | Topics and Well Written Essays - 750 words
American Disability Act - Essay Example ADA has received many criticisms that are mainly classified into two categories. The first category concerns employment of people with disabilities. Under this category of criticisms, critics have pointed out that ADA reduces the employment of persons with disabilities. In addition, critics have pointed to the concern that ADA increases the cost of conducting business for business owners. The criticism based on reduction of employment opportunities for persons with disabilities has been supported by the fact that just after its enactment, the period covering between 1991 and 1995, the employment of people with disabilities reduced by 7.8% and this reduction affected people of disabilities regardless of their age, their levels of education, or even type of disability afflicting an individual. The most affected with that drop in the employment rate due to the enactment of ADA were young people, those with lower levels of education and men that were mentally disabled. Nevertheless, there has not been any concerted focus on investigating the causal link between the Act and the decline in employment for disabled people for that decade since its enactment. The second category of criticisms relates increase in private plaintiffs. The argument is that since the Act was enacted, it became an integral part of the employment law yet the Act only permits private plaintiffs to get injunctive relief. Injunctive relief is the court order making it mandatory for public accommodation to remedy contraventions of the accessibility laws. Besides injunctive relief, ADA only demands that private plaintiffs receive attorneys fees. However, it fails to provide monetary compensations to private claimants who take legal action against non-compliant businesses. Thus, for persons with disabilities to receive the remedies left out by ADA, it is upon the specific state to
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