Legal Considerations
The Disabilities Act is put in place to support people with disabilities protecting their civil rights and prohibiting any discrimination against them. The disability Law act past July 26th, 1990 supporting all areas of life such as employment, Transportation, public accommodation, communication, and government activities. The ad also has established requirements for telecommunication relay services. Section 504 of The Rehabilitation Act of 1973 guarantees certain rights to people with disabilities dislike him as the first set of US federal civil rights of individuals with disabilities states that no individual with a disability in the United States should base on disability be excluded from participation in a program or activity. (U.S.C.701) Section 504 Rehabilitation Act of 1973.
Section 504 laws influence individuals in many ways such as providing a wide range of accommodations to support disabled individuals in society, ensuring equal opportunity 504 laws help students to have adjustments accommodations, or modifications to support them in school with special services (ADA).
Case Study of Michael
There is a young man by the name of Michael he is 10 years old and currently in foster care. Although Michael is in foster care his mother and father still hold his education rights. Michael has been struggling in class with listening and directions get easily distracted and attention to details overall, he has had difficulties with following through with daily tasks and his grades have suffered tremendously. Michael's teachers do not understand what the cause of Michael's behavior is and are ready to have him removed from the class. Michael continues to receive consequences and is overwhelmed with being left out of activities and having to stay in for recess daily due to behavior. Michael's mother and father have both requested an evaluation through the school for either IEP, or 504 accommodations. Michael's parent's teachers and Michael all attend the meeting to decide, once all assessments have been completed to identify if there is a need for special accommodations in the class. Michael and parents must sign if they are all in agreement with either an IEP or 504 plan. Eventually all the team agreed to put in place for an IEP. The teachers will utilize strategies in the class setting for Michael that Michael, teachers and his parents came up with that will support Michael with being more successful.
References
United States Department of Labor retrieved from
https://www.do.gov/general/topic/disability/ada
U.S Department of Defense retrieved from :
https://www.dodea.edu/StudentServices/Section504/
Section 794 of title 29 known as section 504 of rehabilitation act of 1973.
Second Peer posting
Unit 7 Discussion:
Influence of ADA, 504, and Laws.
The ADA prohibits discrimination in all employment practices, including job application, hiring firing, advancement, compensation, training, and other terms and conditions of employment (Zunker, 2016).
No one should be penalized for their disability in schools, companies and our society. Many individuals have been discriminated by due to their disability and so many companies have gotten away with it until laws were made to protect them from such crimes.
Case Study
Lopez is at 45 years old man who just relocated to Maryland. Lopez was diagnosed with Multiple Sclerosis at the age of thirty-five. He worked for a packing company in his town for seven years. Lopez`s company was aware of his condition and has provided the assistance he need to perform his duties. Before he relocated Lopez did some research on what jobs were hiring in the area he will be residing. Lopez applying for several jobs, but was told that they were not hiring. Lopez decided to contact the department of labor and request to see a Career Counselor to assist him in finding employment.
Counselor schedule an interview with Lopez to gather some information on his employment history. Lopez shared that he has MS and have been working for the same company for seven years. He also shared that he has done his research on companies that were hiring but felt that his appearance and medical condition contribute to not being hired for the positions that were available.
Counselor informed Lopez of the laws associates with the hiring progress with individuals with disabilities what services counselors can provide him with.
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services (ADA, 1990).
In addition to assisting the client with physical disabilities directly, counselors should support community education and training programs to foster acceptance in the work world (Zunker, 2016).
C.5. Nondiscrimination Counselors do not condone or engage in discrimination against prospective or current clients, students, employees, supervisees, or research participants based on age, culture, disability, ethnicity, race, religion/spirituality, gender, gender identity, sexual orientation, marital/ partnership status, language preference, socioeconomic status, immigration status, or any basis proscribed by law (ACA, 2014). As I have stated several times its always best to stay professional and follow all codes of ethics when providing services to clients.
References:
Bunker, V.G. (2016). Career counseling: A holistic approach (9th ed). Boston, MA: Cengage Learning.
American with disabilities act. (n.d.) Retrieved from
https://www.dol.gov/general/topic/disability/ada.
ACA Code of Ethics (2014) American Counseling Association Counseling.org
Respond to the main discussion posts of two of your peers. While responding to your peers, address their understanding of how the ADA and laws are applied to working with students or adults with disabilities. Each response needs to have a reference included in the response to the oeer's posting.