Disability Law: United States Department of Labor

Kirsten Kielma APAG 3B Chapter 16 FRQs 1. De Jure Segregation De Facto Segregation means “from the law” in Latin is the separation of people according to race as set by law means the person who is serving in that position |means “in fact” in Latin is segregation by fact or circumstance means the person who is legally entitled to perform that function | | 2. The major provisions of the Civil Rights Act of 1964 include: $ Abolishment of unfair or unequal tickets for voters of color, but provisions still apply for administering literacy tests to black voters. Prohibition of discrimination or segregation in publically owned businesses, exceptions to this rule include clubs that are said to be private. $ Public places should be open to everyone and everyone had to be allowed access to their use $ Desegregation of schools and allowing the Attorney General to file suits against schools that kept segregated schools. $ Not allowing federal funds to any business, school, etc. practicing discrimination. Prohibition of discrimination in jobs based on race, gender, or religious background, or based on based on who that person hangs out with, unless a specific nationality, gender, or religion was required for the job. $ Empowerment of the Equal Opportunity Commission (EEOC) to act to enforce laws regarding fair hiring and equal pay. 3. In the 1970s, the Native American Rights Fund and other groups used legislation to win important victories. The Native Americans won their land in the Midwest and in the states of Oklahoma, New Mexico, and Washington.

In 1980, the Supreme Court made the national government pay the Sioux 117 million dollars plus interest. Today the Native American tribes do not pay any taxes on their profits from their casinos on their reservations. This has made gambling a big factor in economic growth for their tribes and has given the Native American families wealth and big responsibilities. Congress has allowed these changes to provide for Indian related programs. 4. This is a time line of key evens that led to rights for people with disabilities, including court decisions, legislation passes, activist action, and the founding of many organizations.

Although the disability rights movement started in the 1960s, the want for rights existed way before that. In the 1800s: 1817- The American School for the Deaf was founded in Hartford, Connecticut. 1864- Congress helped create the Columbia Institution for the Instruction of the Deaf and Dumb and the Blind to create college degree. From 1900- 1969: 1918- The Smith-Sears Veterans Rehabilitation Act became law and provided jobs for disabled people from the US military. 1935- The League for the Physically Handicapped in New York City was formed to protest discrimination by the Works Progress Administration.

This action eventually created 1, 500 jobs in New York City. 1935- The Social Security Act became US law and provided federally funded old-age funds to states for assistance to blind individuals and disabled children. 1943- The LaFollette- Barden Vocational Rehabilitation Act became law in the US and it provided funding for certain health care services. 1961- The American National Standard Institute Incorporation published American Standard Specifications for Making Buildings Accessible. In the 1970s: 1974- Halderman vs Pennhurst, highlighted conditions at state schools for people with mental retardation. 975- The Developmentally Disabled Assistance of Bill of Rights Act became law which provided funds to programs serving people with developmental disabilities. In the 1980s: 1982- The Telecommunications for the Disabled Act became law and it said that public phones must be accessible to the hearing impaired. 1984- The National Council of the Handicapped became an independent federal agency. In the 1990s: 1990- The Americans with Disabilities Act became law and it provided civil rights protection for people with disabilities. 1999- The Works

Incentives Improvement Act became law allowing those who require health care benefits to work. The deceptively simple questions that lie at the heart of many ADA suits are: What is the meaning of disability? According to the Equal Employment Opportunity Commission, a disability is a physical or mental impairment that limits one or more major life activities. 5. Attached on the back. 6. People who are for affirmative action programs use the reasoning: certain groups have historically suffered harmful discrimination denying them educational and economic opportunities.

To get rid of the long effects of harmful discrimination, the public and private sectors provide good education and jobs. If the majority discriminates to lower the activity of another group, discriminating to benefit those groups is fair. So quotas are a good way to give a business success. People who are against affirmative action say that quotas for certain groups create harmful discrimination against individuals who are themselves. They say quotas lead to hirings and promotions of the less educated more than the more educated. This ruins an individual’s freedom to succeed. 7.

Equality of opportunity- the idea that each person is guaranteed the same chance to succeed in life Equality of outcome- the concept that society must ensure that people are equal, and governments must design policies to redistribute wealth and status so that economic and social equality is actually achieved Separate-but-equal doctrine- the concept that providing separate but equivalent facilities for blacks and whites satisfies the equal protection clause of the 14th Amendment Desegregation- the ending of authorized segregation or separation by race Civil disobedience- the willful but nonviolent breach of laws that are regarded as unjust Set-asides- a purchasing or contracting provision that reserves a certain percentage of funds for minority-owned contractors Protectionism- the notion that women must be protected from life’s cruelties; until 1970s, the basis for laws affecting women’s civil rights Sexism- invidious sex discrimination