Running head: DISCRIMINATION LAWS

Discrimination Laws ETH125 June 23, 2013

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Discrimination Laws The Americans with Disabilities Act of 1990 was the first comprehensive law enforced to prohibit discrimination against people with disabilities in employment. This civil rights law as passed by Congress in 1990, and became effective July 26, 1992, two years after President George Bush signed it into law. According to The Law (n.d.). The Act prohibits discrimination against people with disabilities in employment (Title I), in public services (Title II), in public accommodations (Title III), and in Telecommunications (Title IV). Over 43,000,000 Americans have either one or more physical or mental disabilities, and the number is increasing every day (Americans with Disabilities Act of 1990). Society today has made individuals with disabilities isolated and segregated from the normal population. Individuals with disabilities face discrimination of all types, which this law was created to prevent. There are many examples of how this law has begun to improve the opportunities for disabled individuals. The National Council on Disability conducted an impact study which frocuses on the effectiveness of this Act. Many finding showed significant progress in many areas. For example, according to Frieden (n.d.), In 2004, the percentage of Americans with disabilities who were able to vote, increased dramatically. The education gap between those with disabilities and those without is also decreasing, and individuals with disabilities are enrolling in post-secondary education at a record high (ADA Impact Study). Another example of the effectiveness of this law is that people with disabilities are experiencing less discrimination in the workplace. The National Council on Disability (NCD) is responsible for and continually gathering information about the effectiveness and impact of this law. There have also been many litigation cases that show the discrimination that those with disabilities encounter. According to The Americans with Disabilities Act of 1990 (n.d.), One

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litigation was a 1999 jury verdict against Chuck E. Cheese pizza chain, where the Commission alleged that the defendant discriminatorily discharged an employee because of his mental retardation. This employee was able to work very productively, with the assistance of a job coach (para. 9). The manager and other employees were very supportive of him. However, according to The Americans with Disabilities Act of 1990 (n.d.), the regional manager said the company does not employ those kinds of people (para. 9). The disabled person and the Equal Employment Opportunity Commission (EEOC) won this litigation with a large amount of monetary rewards. One other specific litigation case was, according to The Americans with Disabilities Act of 1990 (n.d.), a 1997 jury verdict finding that Wal-Mart had discriminated by refusing to hire an individual who used a wheelchair because of his disability (para. 8). The jury was provided a videotape showing the disabled applicant performing many physical challenges in his everyday life, proving he was very capable of performing his Wal-Mart job well. They were also awarded a large amount of monetary rewards. According to The Americans with Disabilities Act of 1990, (n.d.), A 1993 jury verdict found that a security firm had discharged its executive director because he had terminal brain cancer, although he had continued to perform the essential functions of his job (para. 7). This individual was awarded a large amount in back pay, as well as other monetary rewards. As the first comprehensive law to prohibit discrimination against people with disabilities, this law has reduced drastically discrimination for the disabled in every aspect of their lives.

The Black Code Laws were American laws that were passed that limited the civil rights and liberties of African Americans. These laws were enacted in 1865, following the Civil War.

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This legislation confirmed the inferiority of Blacks and was intended to regulate black labor. This law reflected the feelings of White Americans, specifically southerners, of their unwillingness to accept blacks as equal to themselves. Because of this, these laws continued and supported legal discrimination between the white and black race. Many states required black to sign yearly work contracts, and if they refused, they received punishment in the form of fines or forced, unpaid labor. All states wished to secure and ongoing supply of cheap labor, for which they used African Americans. The Black Code laws were created based on the slave codes that were in effect prior to these new laws. Most states had repealed the Black Code laws by the late 1800s. There are many specific guidelines of the Black Code. One guideline is that race was defined by blood; therefore any amount of black blood made a person black. This person would have to follow the Black Code law. Another guideline was that employment was required of all freed men. If a black person was freed from slavery and refused to work, they faced charges. Generally these were vagrancy charges. Freed men were also not allowed to socialize with anyone without the presence of a white person. They labor duties and hours were strictly regulated and enforced. They were also not given the opportunity to learn to read or write. Last, all public facilities were segregated. Any violators of these guidelines were generally whipped or branded. During this time, the Jim Crown laws were also enacted. These laws enforce segregation. Many states forbid people from consorting with another race and would receive legal punishment if they violated this stipulation. States imposed different laws under the Jim Crow laws and they included several different guidelines. One guideline in Alabama stated that white female nurses could not nurse in rooms where black men were staying. Also in Alabama, all passenger trains

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were required to have segregated waiting rooms and separate ticket windows for the black and white races. White and blacks were forbid to eat in the same room at restaurants, share toilet facilities, and there was definitely no inter-racial marriage. These are just a few examples of the guidelines from the Jim Crow laws from Alabama and Florida that were enforced. These laws included housing, marriage, restaurants, trains, education, and much more. Because of the bravery of a few black people, specifically Rosa Parks, the Jim Crow Laws began to be challenged. According to Jim Crow Laws (n.d.), By the 1960s, other Supreme Court decisions, and the Civil Rights Act of 1964, invalidated the majority of the Jim Crow Laws (para. 11). During the 1800s, and until full reconstruction, these were the laws that were enforced that promoted discrimination, and which isolated and strictly segregated the black community. Today, desegregation is in total force and discrimination, in many areas where it was formerly promoted, is reduced, if not eliminated. Discrimination is not simply a matter of race, but of disability, gender, ethnicity, and so much more. Laws today prohibit discrimination of any kind within schools, workplace, education, and almost any area of life. The current laws are in place to ensure equality among all Americans, where superiority simply refers to how long one has worked at a job. American today is much better, with discrimination laws in place, than it was with high segregation in the 1800s.

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References Black Codes and Pig Laws. (2013). Retrieved on June 22, 2013, from http://www.pbs. org/tpt/slavery-by-another-name/themes/black-codes/ Frieden, L. (n.d.). NCD and the Americans with Disabilities Act: 15 Years of Progress. Retrieved on June 23, 2013, from http://www.ncd.gov/publications/2005/06262005 Jim Crow Laws. (n.d.). Retrieved on June 22, 2013, http://www.u-s-history.com/pages/h1559. html Schaefer, R. T. (2012). Racial and ethnic groups (13th ed). Upper Saddle River, NJ: Pearson Prentice Hall. The Americans with Disabilities Act of 1990. (n.d.). Retrieved on June 23, 2013, from http://www.eeoc.gov/eeoc/history/35th/ada.html The Law. (n.d.). Retrieved on June 23, 2013, from http://www.eeoc/gov/eeoc/history/35th/ thelaw/ The Southern Black Codes of 1865-66. (2010). Retrieved on June 23, 2013, from http:// www.crf-usa.org/brown-v-board-50th-anniversary/southern-black-codes.html