In the case of Lyons v Queensland  HCA 38, Ms Lyons, who is profoundly deaf and requires assistance from Australian Language Interpreters (AUSLAN), was excluded from jury duty on the grounds of her impairment. Lyons held that her exclusion from serving on a jury was unlawful discrimination prohibited by the Anti-Discrimination Act 1991 (QLD) (A.D.A). After being summoned for jury duty, she notified the deputy registrar that she would require the assistance of an AUSLAN.
The following report is based on Scott v Telstra (1995) a disability discrimination case. Geoffrey Scott, a deaf man proclaimed that he was being indirectly discriminated against by his employees Telstra. This case went to hearing in Sydney from 22nd-24th March 1995, court Human Rights and Equal Opportunity Commission, judge was Sir Ronald Wilson (Inquiry Commissioner). This report outlines the case, shows the relevant legislation and explains how it was breached in the circumstances of the case, shows the case outcomes, recommendations of realistic strategies to be taken place and a conclusion. Geoffrey Scott, who is deaf, complained that Telstra indirectly discriminated against him because they did not provide him with a telecommunication
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
ection 504 of the Rehabilitation Act of 1973 After being vetoed twice by President Nixon, Congress passed Section 504 of the Rehabilitation Act of 1973 as the first disability civil rights law in the United States. Until this point, it was not considered discrimination for people with disabilities to be excluded or segregated. This Act also recognized for the first time that people with disabilities were a minority class with civil rights (https://drc.ucsc.edu/about/more-history.html). Section 504 protected people with disabilities from exclusion and unequal treatment in schools, jobs, and the community by prohibiting discrimination on the basis of disability in public or private programs and activities that receive federal aid. It read,
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability by schools that receive federal financial assistance. Every year, the school district must identify students with disabilities within their district. Public schools have a responsibility in providing free and appropriate education to students with disabilities in the school district’s regardless of the severity or nature of the disability. Education is intended to ensure the needs of a student with disabilities are met just as the needs of a student without disabilities.
The Rehabilitation Act prohibits federal agencies from discriminating against any person(s) with a current disability or history of a disability. The ADA extends those regulations to private companies, employers, unions, public services and public accommodations. Employers are required to provide reasonable accommodations for applicants and employees unless it would create significant undue hardship for the employer. Harassment of any kind is also illegal by employers, employees, clients or customers
The Victoria Government Department of Human Services (2012) stated “the freedom to make decisions which affect our lives is a fundamental right that each of us should enjoy”. The decisions we make in our lives represent who we are and how we want to be perceived by the world – whilst taking into consideration our own morals, beliefs and goals. Supported decision-making (SDM) is a process by which “a third-party assists or helps and individual with an intellectual or cognitive disability to make a legally enforceable decision for oneself” (Kohn & Blumenthal, 2013). May & Rea (2014) stated that “supported decision-making assumes that all people, regardless of their ability or disability, have some capacity to be involved in decision making”.
First, 'Disability as a Social Construct', where her main argument is that “much of disability-based discrimination and disadvantage stems from the way society treats persons with disabilities rather then individual limitations”3. Then she continues on to 'Exclusion form the Workplace' where she argues that discriminating persons with disabilities from the workplace has become a norm, the response was to “remove individuals with disabilities from the community and into institutions of all kinds, including work houses, asylums, hospitals,prisons, and special schools” 4. Her third claim Disability as a Mental Defect, she introduces Jerome Bickenbach who observed that “the most commonly held belief about disablement is that it involves a defect, deficiency, dysfunction, abnormality, failing, or medical 'problem'”5. Peters last claim is The Shift to a disability Equality Rights
In Canada, there are examples in real-life events that portray disparity, ableism and tokenism. Every Canadian has different perspectives towards the disabled-bodied population; the people label them differently especially when it comes in the media. In the Canadian society, there is a lot of ableism developed amongst the abled-bodied population which openly discriminates people with disabilities and favoring the abled-bodied with many opportunities; there are a lot of events and opportunities in various industries for the abled-bodied while the people who are disabled are not given the opportunities that are open to the abled-bodied population. When it comes to disparity, the disabled population are openly discriminate, and people display
In the year 1973 congress passed the rehabilitation act. Section 501 of that act prevented discrimination against disabled people who were still qualified to work. EEOC is responsible for enforcing that act, and in 1990 section 501 was the base for another similar section. A few years later the Supreme Court held private sector employers and unions responsible for
I furthermore explained to him that his community mental nurse confirmed during a best interest meeting that excessive alcohol intake was likely to lead to the deteriorating of his dementia and reduced his life expectancy. The residential home manager considered a new care plan that would prevent Mr Thomas from leaving the home without an escort with the belief that this would be in his best interest. A best interest meeting was requested by the client’s daughter who was concerned that restrictions to his father’s alcohol intake would be tantamount to his deprivation of liberty. However, the Mental Capacity Act (2007) states that one could be deprived of his liberty if it is necessary to prevent the patient’s condition from degenerating. However, due to the demand of his daughter, it was finally agreed that the client would still be able to visit the pub with an escort and drink in
However the discrimination on the basis was not included in this act. Later in 197 under section 504 of Rehabilitation Act of 1973 was developed as law and later in 1990 ADA was passed for disable people (MTSTCIL, 2010) Requirements of the law: The Americans with disabilities Act is mandatory for equality. A person who is discriminated by an employer because of his real disability or employer is regarding him or her as being disabled under the conditions included in the Act then he or she is entitled to this law protection. The major focus or requirement of this law is to eliminate those employer’s practices which make people unnecessarily different from other, also to provide equal rights and opportunities to disable people at public accommodations and other places etc. (U.S. Department of Justice,
According to the Ability Center, The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also, outlaw’s discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications (Blanck 5). This document explains the part of the ADA that prohibits job discrimination. The U.S. Equal Employment Opportunity Commission along with State and local civil rights enforcement agencies, work to enforce this part on the law (Blanck). The law unquestionably improved the lives of people with disabilities in many ways, especially by enhancing their access to businesses and public places.
One problem surrounding the disability problem are the lawyers that advertise on television. These lawyers represent the people whose disability claim has already been declined. That denied claim was decided for a specific reason, which could be that the people looking over the person's file can tell that the person does not have a disability. The lawyers, however, take advantage of the situation and prove that the person is disabled. One way a lawyer might prove a person is disabled, like Eric C. Conn is accused of doing, is by having a doctor produce a false report making the person disabled.
The UNICEF Convention on the Rights of the Child Article 23 (2) states that “Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.” This was my right as a child to have proper support, to have someone recognize my mental disability. It was my right to have my disability treated by a health care professional and yet I did not receive any support. Accommodations in school were not available to me either nor did I receive support at home.