Download or read book New Regulatory Vehicles for the Enforcement of Disability Discrimination Law written by Paul Harpur and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most recent Australian Bureau of Statistics (ABS) Labour force characteristics of people with a disability reveal that the rates of persons in employment with disabilities remain high. The proportion of the Australian population identified with a disability was 20% (4 million) in 2003. According to the ABS Report there is an expected increase in the prevalence of people having a disability, partly due to the aging population. Thus, the obvious need for extra collection and analysis of data in this area and a regulatory scheme that allows for enforcement of disability discrimination rights at a broader community level to prevent systemic discrimination from occurring. The rate of unemployment for persons with a disability (age 15-64) was 8.6% compared to 5% for persons without disability (2003-2008). The employment participation rate demonstrates that persons with disabilities are more likely to be unemployed than persons without disabilities. A combination of regulatory failures and social prejudices prevent persons with disabilities from being able to compete for employment on equal terms in the labour market. Legislation and case law often fail to address employers conscious or subconscious prejudice against disabled persons and rebut employers misconceived assumptions about potential employees who happen to be disabled; thus failing to ensure an equal playing field for persons with disabilities. This paper will discuss the recent amendments to Disability Discrimination Act 1992 (Cth) DD Act and the new discrimination provisions under the Fair Work Act 2009 (Cth) (FW Act). It will consider how these separate pieces of legislation may increase the rights of disabled people generally, but more particularly in the workplace. The paper's primary focus will be on the potential and capacity of the FW Act anti-discrimination provisions that enable the Fair Work Ombudsman (FWO) to exercise its powers to enforce anti-discrimination rights at work. In doing so, it will consider whether this enforcement regime will help reduce the many instances of employment disability discrimination that occur across Australia. First, this paper briefly examines the history of anti-discrimination laws in Australia and how these laws have traditionally operated. It then examines the DD Act provisions as a precursor to the FW Act illustrating their deficiencies, and how there has been an attempt to overcome these provisions by the DD Act amendments and the creation of new rights under the FW Act. The legislation will also be analysed to determine whether the changes introduced under the FW Act can deliver the outcomes to victims of disability discrimination that the enforcement regime proscribes. This includes both enforcement of rights and accompanying penalties. Finally the paper concludes that it is too early to conclude how effective the FWO's enforcement of the new avenues of redress will be for people with disabilities, although acknowledges that these new provisions show some promise for the enforcement of statutory rights, by not only the individual but also FWO.
Download or read book Americans with Disabilities Act Title II Regulations written by United States. Department of Justice and published by Createspace Independent Publishing Platform. This book was released on 2015-01-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised title II regulation integrates the Department of Justice's new regulatory provisions with the text of the existing title II regulation that was unchanged by the 2010 revisions. Includes a section for guidance and analysis.
Download or read book 2010 ADA Standards for Accessible Design written by Department Justice and published by Createspace Independent Publishing Platform. This book was released on 2014-10-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: (a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
Download or read book A Primer for Corporate America on Civil Rights for the Disabled written by Patricia A. Morrissey and published by LRP Publications (PA). This book was released on 1991 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Disability Discrimination written by Brian John Doyle and published by Jordan Publishing (GB). This book was released on 2005 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition, this work provides a comprehensive analysis of the relevant law and procedure surrounding the Disability Discrimination Act and disability discrimination litigation.
Download or read book Disability Discrimination in Employment Law written by Robert L. Burgdorf and published by BNA Books (Bureau of National Affairs). This book was released on 1995 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Address the diverse repercussions of the ADA with this single source for federal legislative, judicial, and regulatory developments in disabilities law.The author's focused discussion includes citations to statutory provisions, court decisions, and other authorities. It will help you deal effectively with the complex problems typical in this area of discrimination law, giving you a complete understanding of the issues.And, full coverage of cutting-edge issues -- including health insurance, trends in damage awards, reasonable accommodation, and the field's changing terminology -- will keep you ahead as the topic evolves.
Download or read book Institutional Disability written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case study of transportation policy for disabled people illustrates the flaws in policymaking that lead many Americans to believe government is not working as it should. Robert A. Katzmann examines the workings of the legislative, administrative, and judicial processes, both separately and in interaction, as he relates the erratic path of transportation policy for the disabled over two decades. An estimated 13.4 million people in this country have difficulty using public transportation, but the federal response to their problems of mobility is of fairly recent vintage, beginning with legislation in the early 1970s. Since then, there have been many twists and turns in policy, involving a wide array of governmental institutions. These constant shifts have confused state and local governments, the transit industry, and the disabled community. Assessing why policy was so erratic, Katzmann concludes that in part the confusion resulted from the inability to choose between conflicting approaches to the problem--one oriented toward the rights of equal access for the disabled, and the other favoring effective mobility by any practical means. In addition, the conflict between these two policy approaches was compounded by increasing fragmentation within and among national institutions.
Download or read book Disability Discrimination Act written by and published by . This book was released on 2006* with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Promises to Keep written by National Council on Disability (U.S.) and published by . This book was released on 2000 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Disability Discrimination Law Evidence and Testimony written by John Parry and published by American Bar Association. This book was released on 2008 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers employment, state and local government, public accommodations, telecommunications, housing and zoning, education, and criminal and civil institutions. It addresses practical ways to maximize the benefits of the client-lawyer relationship, including potentially divisive questions surrounding the need for accommodations and the ethical duties of lawyers to clients with disabilities. Also discusses expert evidence and testimony in disability discrimination cases. Includes numerous appendices to assist you in your research of disability discrimination cases.
Download or read book Disability Discrimination Act 1995 written by and published by . This book was released on 2000 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation Litigation and Dispute Resolution Under the Americans with Disabilities Act written by John Parry and published by American Bar Association. This book was released on 1996 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Disability Discrimination ACT 2005 written by and published by The Stationery Office. This book was released on 2005-11 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Disability Discrimination Act 1995 written by and published by . This book was released on 2002 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook on Disability Discrimination Law written by John Parry and published by American Bar Association. This book was released on 2003 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Guide to Federal Sector Disability Discrimination Law and Practice written by Ernest C. Hadley and published by . This book was released on 2000 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Disability Discrimination Act 1995 The Public Service Vehicles Accessibility Regulations 1999 The Public Service Vehicles Conditions of Fitness Equipment Use and Certification Amendment Regulations 1999 The Public Service Vehicles Conduct of Drivers Inspectors Conductors and Passengers Amendment Regulations 1999 A Statutory Consultation written by and published by . This book was released on 1999 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
