Racism Essays (1262 words) - Social Inequality, Discrimination

Racism Essays (1262 words) - Social Inequality, Discrimination Racism Racism is defined by the Webster Dictionary as the assumption that the characteristics and abilities of an individual are determined by race and that one race is biologically superior to another. Confronted with a problem as complex as racism, we cannot afford to let ourselves be constrained by the boundaries of specific disciplines. Racism is alive and well. The reports of its demise are totally unfounded so that we come to the beginning of the twenty-first century, it remains as our society's major dilemma. There is a lot at stake when dealing with this issue, but that fact is that we cannot brush it aside or ignore it any longer because it is present in everything we do. Canada and the United States are one of the two biggest countries when it comes to ethnic diversities within its boundaries. Immigrants enter these countries by the thousands to better their chances of a good and stable life. The demographic statistics of these countries are rapidly rising. Immigrants are starting to take over and their presence is being felt more and more. Historically, both countries had their respective problems involving other races. When the British settlers first came to Canada, they were confronted with the Native Americans. Their goal was to claim land for England, but they also had to convert the aboriginal to the Catholic religion. So against their will, the Native Americans were taught to worship a new God. The Whites were taking advantage of these primitive tribes living in and around the country. They played with their minds, giving them hard liquor, disguised as the Drink of Life. So the aboriginals were overwhelmed, and could not stop the invasion. They were defeated, forced to live in small territories, and some were turned into slaves. Americans were as bad, if not worst, toward racial groups. The most significant of the acts committed is the segregation of African American during the late eighteen hundreds until the mid-nineteen hundreds. Black people were brought from Africa and were auctioned to the highest bidder to work in the cotton fields. Their working conditions were atrocious and a lot of them died of hunger or sickness. It's not until the Civil War that the legal status of African Americans started to change. Even then, the Supreme Court of the United States struck down federal statutes designed to enforce the amendments. The absence of an adequate federal law permitted discrimination against black Americans in employment and housing, public accommodations, the judicial system, and voting opportunities. In the two historic events, the possible reason for the actions done toward the racial minorities might be the fear the have towards them. We did not understand why they were different from us, so we categorised them and immediately judged them as the inferior race. Even though the history of both nations was different, their actions against racial minorities were similar to one another. Throughout the years, it seems that Canadians and Americans have excepted their immigrant counterparts. In both Canada and the United States, a range of indicators of racial attitudes shows certain positive trends. In the United States, the National Academy of Sciences report, A Common Destiny: Blacks and American Society, gleaned data from dozen of national opinion polls conducted between 1942 and 1983. These polls show growing and now virtually universal verbal commitment to the principle of racial equality. The disparities between the Whites and the Blacks have declined significantly. In Canada, race is less conspicuous. Without doubt the climate in Canada too has improved since the Second World War, when racially exclusionary immigration policies were still in effect. For its study, The Economic and Social Impact of Immigration, the Economic Council of Canada assembled data from existing surveys of intolerance. The council reported a positive trend among anglophones on an index of tolerance. A survey conducted in 1990 by Decima Research Ltd. permits a comparison of the two countries. The Canadians in the survey were, overall, slightly less overtly racist than the Americans: 90 percent of Canadians and 86 percent of Americans agreed that all races are created equal (Maclean's, 1990). This difference is insubstantial. Large minorities in both countries deny overt racism. Canadians favour immigrations more than Americans do, despite the fact

Overview of the Independent American Party

Overview of the Independent American Party The Independent American Party is a minor Constitution-based party with limited influence, and is not to be confused with the large percentage of voters who consider themselves independents. The most recent electoral activity for the party was a 2012 US Senate race in New Mexico where the IAP candidate received just under 4% of the vote. That candidate, John Barrie, was also the founder of the New Mexico chapter of the American Independent Party. After formally registering the party, they were granted direct ballot access for two election cycles. After he lost the Senate race, Barrie left the NM-IAP and joined the similar Constitution Party, likely because the IAP would be unable to gain ballot access after the freebies. The party website currently directs potential candidates to register as write-in candidates if they live in the state of Utah. The partys Facebook page is dedicated to sharing news links about constitutional issues and has limited information on party-related events. The party likely attracts a number of curious visitors due to having independent in the name of their party. The National Chairman is Kelly Gneiting, a 5-time US champion sumo wrestler who also holds a Guinness World Record for being the heaviest man to finish a marathon. Mission Statement To promote: respect for life, liberty and property; strong traditional families; patriotism; and individual, state and national sovereignty - with a strong reliance on the Declaration of Independence and allegiance to the Constitution for the United States of America - by petition to God and by political and educational means. History Founded in 1998, the IAP is a Protestant Christian theocratic political party. It initially existed in several Western states and is a remnant of former Alabama Gov. George Wallaces once-powerful American Independent Party. Converting the unaffiliated IAP state party organizations - united by a common Religious Right ideology (similar to the Constitution Party) - into a national IAP organization was an effort started by members of Utah IAP. The Idaho IAP and Nevada IAP subsequently affiliated with the fledgling US-IAP in late 1998. The party subsequently established small chapters in 15 other states, and it now has contacts in every other state. Most of the IAP activities remain in Utah, however. In 1996 and 2000, the various IAP state parties endorsed the Constitution Party nominee for president and in 2000, the national chairman questioned the IAPs future in presidential elections. The party has focused its attention more on activism in the last eight years and has almost completely withdrawn from fielding local, state or federal candidates. Since 2002, the IAP has endorsed Constitution Party candidates and other conservative third party nominees. The IAPs platform calls for: The immediate termination of all programs of foreign aid, whether military or non-military, to all foreign governmentsImmediate withdrawal from the UN and NatoThe repeal of all federal gun legislation and state firearm laws which are not in accordance with the US ConstitutionStrong immigration reform including the repeal of amnesty laws and the prompt deportation of all illegal aliens and a clarification of the 14th Amendment that does not recognize the US citizenship of children born to illegal immigrants on US soilEnglish as America’s official languageThe passage of a balanced budget amendmentRaising tariffs on imported goods and a ban on all imported goods produced by child laborProtecting the ocean and fishing rightsEliminate regulations that artificially impede the production of domestic oil while enacting a transition to alternative fuelsProtecting the right to life for all US citizens, including the unbornPeople have the right to choose their health care providers and h ave quality health care and no one - including the patient - has the right to make decisions that result in the death of the patient Outlawing cloning and the development of genetic mutationsParents have the right to choose how their children are educatedRestoration of god to the public squareMarriage is a sacred union between a man and a woman only

Illness and disability Essay Example | Topics and Well Written Essays - 250 words

Illness and disability - Essay Example A majority of the health differences are a function of finance. Social support is the most critical of these factors. Among the elderly, dementias, depression and alcoholism have been found to be the most common emotional problems. These give arise to other health problems. In particular, Alzheimer’s disease is one of the most common problems among the elderly, and this requires great care and attention. Unfortunately, some of these elderly persons deny their heath challenges, and this makes the process of treating and caring for them difficult. There is however a disturbing feeling among healthcare providers that the elder should receive less concern. They are offered inferior medical assistance compared to other groups. Some physicians believe that the elderly are a burden to the healthcare system. Luckily, there are those physicians who develop a personal relationship with these patients. According to medical experts, it is important for physicians to feel the emotional side of the patients’ well-being. There is a wide range of programs available for the elderly, and some are in-home programs. However, most of these programs, especially the in-house care, are expensive and thus unavailable. According to the video, board and care homes are a good option in enhancing the quality of care among the elderly. Unfortunately, the United States does not compare well with other developed nations when it comes to caring for the elderly. As the population of the elderly continues to increase, there is need to plan for how the ir health needs will be addressed. The University of Hawaii Center on Aging. " Growing Old in a New Age: Illness and Disability."Annenberg Learner - Teacher Professional Development. Annenberg Media,  1993. Web. 20  Nov.  2014.

90 points Assignment Example | Topics and Well Written Essays - 250 words

90 points - Assignment Example For instance, I will attempt to understand the cultural values of my clients when marketing the products of the firm in order to foster respect for the customs of my target clients. Similarly, I will apply the concept of environmental scanning to gather valuable information that can benefit the firm. For example, I will utilize both online and offline means to collect information about the trends in the competition in the market. The collected information will help the marketing team to devise comprehensive marketing tactics to acquire a competitive edge. In my role as a marketing representative, I will endeavor to understand the preferences and purchasing behavior of the customers. For example, I will conduct routine customer surveys to establish what products and services they would like my firm to improve. The surveys will assist the marketing team to capture the needs of the customers as contained in the Maslow’s hierarchy of needs. Similarly, the concept of relationship selling will be paramount in my marketing activities. I will apply the concept in creating a long-term relationship with the potential as well as existing customers who belong to different generations as I seek to satisfy their various

Business Ethics - Discrimination Essay Example for Free

Business Ethics Discrimination Essay Discrimination is defined as distinguishing something from something else (i. e. don’t hire him because he has no experience). Unjustified discrimination is distinguishing something from something else on a basis that is not justified (i. e. don’t hire him because he is black). The term discrimination commonly replaces the term unjustified discrimination in business, philosophy, psychology and day-to-day community life. In a just and fair society, such as we Canadians aspire to, a job applicant’s race, ethnic origin, colour, religion, sex, age, orientation, mental ability, or physical condition should not disadvantage them in career choices or job competitions. If a short Asian female firefighter can do the job, she should get the job. Conversely she should not expect to receive concessions that are not available to all; that is in effect also discrimination. Unfortunately, discrimination often arises in business in regards to hiring, job placement, wage, and promotion. Affirmative Action Ideally, discrimination should be of no concern at all; everyone should have an equal opportunity to anything. In a perfect world a hiring manager would not have to think thoughts such as, â€Å"They are disabled, they are women, they are aboriginal,† and would only think, â€Å"This person will be perfect for the job because†¦. † Unfortunately this may never completely happen. For example if a person in a wheelchair applies to be a stock person at Costco and another person who is not in a wheelchair applies for the same position the manager will be debating, â€Å"Should I hire the person who cannot walk because I want to be socially responsible? Or should I hire the person who can walk, who will probably do a better job and who I won’t have to make special accommodations for? † Another example is a man and a woman who are applying to be a nurse on the obstetrics ward; they have both just graduated and have exactly the same experience. If only one position is available who is more likely to be hired? Affirmative action programs often come into place to encourage equal opportunity. Affirmative action refers to policies or rograms that take factors such as; age, sex, race, color or religion and give preferential treatment to people that belong to an identifiable disadvantaged group, or outgroup. Cons Reverse discrimination occurs when preferential treatment is given to one person and the other is left out. For example if a woman is hired to work in an oil patch just because she is a woman and man is not hired (perhaps only because of quota requirements), he will experience reverse discrimination. This may in fact v iolate a province’s human rights code. Some would also argue that it is wrong to place at a disadvantage a current day job applicant in order to attempt to compensate for historical wrong treatment of certain categories of job applicants. Merit may not exist if affirmative action is in place. A situation could arise where an applicant may deserve a job more because he or she has more education and more experience than the hired applicant who is disabled, if the hiring was done only in the interest of a representative workplace. May condescend or offend outgroups because the people belonging to that group don’t believe they need preferential treatment in order to succeed. Affirmative action creates a perception that all racial minorities or physically disabled persons have low self image, poor job marketing skills, missed opportunities, and are in need government regulated assistance. Efficiency may be compromised if a company is forced to hirer a proportionally representative workforce. Instead of hiring the best fitting candidate, companies would be forced to seek out a visible minority or a disabled candidate. This simply is not good business practice. A company should be free to hire the best candidate. Morale and workplace cooperation may be negatively impacted by a person being hired because of affirmative action policies which clearly give special considerations not available to all. The outgroup may develop a sense of entitlement that is not supported by the majority of the workers. Affirmative action may cause a widening of the gap (and an affirmation of bigotry) instead of a diverse and inclusive work force. For example, a white man at a steel factory may think that he got his job because he is qualified for it while being angry that the Asian man only got hired because there were no other Asians working in the plant and the hiring manager did not want to be discriminating. Pros Assistance in obtaining a desired job may be necessary for members of an identifiable disadvantaged group, or outgroup, since discrimination may make it difficult to establish a career. For example, men can be excellent nurses, but if a female hiring officer doesn’t understand or embrace the benefits of diversity, the obstetrics ward would have all female nurses. Another example might be a hair dressing trainee who is in a wheelchair; this applicant may have more obstacles to overcome and more convincing to do with a prospective employer. It is not fair, or just, that these applicants would have to be much better that the â€Å"normal† kind of applicant in order to be desirable to the employer. This â€Å"assistance† is given in affirmative action plans such as requiring employers to choose the disadvantaged applicant when all other skills are equal. Affirmative action makes working in different areas more desirable. Ex, Okanagan College has free introductory welding courses for women only. If colleges did not have these affirmative action programs there would probably be less female welders. This creates an incentive for a member of an outgroup to step forward and be part of the creation of workplace diversity. Affirmative action ensures justice for those who have historically been oppressed. Although hopefully not in Canada, there may still be a stigma attached to those whose ancestors were slaves, lower class, or aboriginal and thus seen as lesser that those with good career jobs. Some people may believe that affirmative action is necessary to change the attitudes of society by mandating a diverse work force. Canada cannot ignore the fact that a few generations ago a person with mental challenges or physical disabilities would not have been offered a position if there was a reasonable candidate who was considered â€Å"normal. † Affirmative action envisions a just work place where everyone is normal because the new normal is diverse and inclusive. Affirmative action encourages a representative work force. If 2% of the community’s population is visually impaired, then in a company of 100 employees, there should be a least two people who have some kind of sight impairment. In Canada, 3% of the population is aboriginal; therefore, there should be three members of a First Nation employed at the above company. A disabled person aged 25 to 44 accounts for 8% of the population. Statistically speaking, the above company, if it were in British Columbia, should have 27 employees who are recent immigrants. With roughly 60% of Canada’s population being Caucasian, all the numbers above would create a representative work force. It could be described as a diverse, dynamic, and exciting place to work; but does it exist? By requiring the inclusion of a representative work force affirmative action will in the long term change attitudes and encourage diversity. Thesis Affirmative action programs are still necessary to ensure equal opportunities in the work place and to encourage diversity, which over time will extinguish discrimination and contribute to a just, fair, and tolerant society. History I believe discrimination stems from history. If a young person learned from parents, schools, or media that women are not good trade workers, they will continue this discrimination for generations. This is what happens in all forms of discrimination because discrimination is learned. Discrimination can be reduced in a society with the influence of laws, education, and incentives. Affirmative action mandates exposure, which with encouragement by supportive government and ethical businesses will result in workplace diversity, and that over time will influence the thinking of society as a whole. Further Discussion: Continue Affirmative Action Dimock and Tucker thoroughly discussed their views on affirmative action policies about how such policies cause problems for employment equity in Canada. Dimock and Tucker did not discuss why such policies may still be necessary and did not thoroughly discuss a solution to discrimination. Their conclusion, while pointing out that affirmative action programs have not met intended goals, does not offer concrete solutions other than education. I disagree that the young should be the only target to ensure against discrimination. Youth can be racist, sexist, and exclusive. That’s why our society has a large problem with bullying. If discrimination is a learned trait, then the youth are learning it from above, and that is precisely the target of affirmative action. I believe affirmative action should still be used to some extent in order to encourage diversification. I think a combination of education and the experience of exposure is more useful that a single target group (such as educating the young). If groups (young, school aged, post secondary, and the work force) are created with diverse and representative participants, the likelihood of all groups beginning to like each other because of repeated exposure is much higher then if they remain separated. Well informed members of society who have personal experience with diversity are the least discriminating for several reasons: †¢They have been educated not be discriminating (from classes like this). †¢They have been put together in groups with all different types of people, and †¢They have become comfortable with that diversity. The result is that they have learned to be less discriminating than their peers or previous generation. For example, a white 18 year old’s great grandparents may have been what is now considered racist toward black people. In the grandparent’s time racism, even segregation, was thought of as perfectly normal, and those views were passed down generation to generation. However, through education and exposure racism was slowly extinguished until we have a grade 12 student who welcomes a new immigrant from Zambia. Instead of being completely racist like his great grandparents the 18 year old now only believes the stereotype that all black people like rap music which he hates. The next generation will (hopefully) not even notice that a black person is in the group. If affirmative action continues it will help the top (the existing generation of employers) meet the bottom (the well informed and accepting job applicant) and the result will be a tolerant, inclusive, and diverse work place. The attitudes of the work place will in time influence society as a whole. Conclusion I was lucky enough to learn about discrimination in both psychology and philosophy class in the same week. Although solutions are not offered in this paper, I believe discrimination can be eliminated through education and diversification. If it were normal to have a representative and diverse â€Å"melting pot† of opportunities and experiences, there would be no need to practice discrimination. Diversification is good. It makes a community tolerant and compassionate; it makes a secure and exciting place to live. Including all groups in all employment opportunities will ultimately create a better society – the melting pot that Canada so prides its identity in. Affirmative action plans ensure that the work place will contribute to this pride.

FDR and Winston Churchill Essay -- essays research papers fc

Between the years of 1939 and 1945 the world was sent spiralling in a mess of corruption, violence and uncertainty. Allied powers were faced with the unparalleled task of protecting the world from tyranny. In terms of political power, this weight was bestowed upon the shoulders of two memorable individuals. By and large Winston Churchill and Franklin D. Roosevelt can be labelled as beacons of democracy and leaders of the free world in their time. Winston Churchill, the son of Lord Randolph Churchill, became an officer in the 4th cavalry in 1894. Between 1895 and 1899 he served in Cuba, India and South Africa as a reporter. Churchill entered politics in 1900 and held many government posts until he was appointed First Lord of the Admiralty prior to World War One. Due to logistical and tactical failures during wartime, Churchill was somewhat discredited and lost his naval post. In the inter war period, Churchill remained politically active and made his way up the ranks to become chancellor of the exchequer in Stanley Baldwin’s Conservative government. When World War Two broke out, Prime Minister Neville Chamberlain appointed him to his old post as First Lord of the Admiralty. When Chamberlain was forced to resign, Churchill became Prime Minister. He served throughout the war as Britain’s supreme leader until he was defeated in a 1946 general election. Churchill once again became prime minister from 1951 until his r esignation in 1955. In 1953, he was knighted and received the Nobel Prize in Literature. Franklin D. Roosevelt was a lawyer educated at Harvard and Columbia University School of Law. His political career started when he was elected to the New York State senate in 1910. He was appointed Assistant Secretary of the Navy, a position he held from 1913 to 1920. As a Democrat, Roosevelt ran as vice presidential nominee along side James M. Cox, an election that was lost to the republican candidates Warren Harding and Calvin Coolidge. While vacationing on Campobello Island, N.B., Roosevelt was stricken with polio and became paralysed from the waste down. However, he eventually recovered partial use of his legs. In 1928 and 1930, Roosevelt was elected governor of New York. At the height of the great depression, in 1932, Franklin D. Roosevelt became the 32nd president of the United States. He went to work immediately utilising government resources to combat ... ...d weaknesses as every individual does, but were, without a doubt, very successful leaders in their time. Churchill and Roosevelt were truly beacons of democracy and leaders of the free world. Bibliography Alacritude, LLC. Encyclopedia.com. 24 Feb. 2003 < http://www.encyclopedia.com/>. Churchill Center, The. Sir Winston Churchill Homepage. 5 Mar. 2003 < http://www.winstonchurchill.org/>. Gardener, Brian. Churchill in his Time. London: Methuen & Co Ltd., 1968. Gilbert, Martin. Churchill’s Political Philosophy. London: Oxford University Press, 1981. Goff, Richard, et al. The Twentieth Century, A brief Global History. New York: McGraw-Hill Company, 2002. Jablonsky, David. Churchill: The Great Game and Total War. Portland: International Specialized Book Services, Inc., 1991. Kimball, Warren F. The Juggler: Franklin Roosevelt as Wartime Statesmen. New Jersey: Princeton University Press, 1991. Ludwig, Emil. Roosevelt: A Study in Fortune and Power. New York: The Haddon Craftsmen, Inc., 1937. White, Graham J. FDR and the Press. Chicago: The University of Chicago Press, 1979. White House, The. The White House Home Page. Mar. 9 2003 .

Americans with Disability Act of 1990

The American population of disabled workers previously had no protection of their employment or mandates pressed upon their employer to provide necessary work accommodations, to protect their livelihood, until the passage of the Americans with Disabilities Act of 1990 (ADA). The Americans with Disabilities Act is a civil rights law that prohibits employers to discriminate based on an employee’s disability. This paper will demonstrate the components of the Americans with Disabilities Act of 1990, as well as provide relevant United States Supreme Court cases set out between employee and employer where the law was challenged or upheld. The Americans with Disabilities Act of 1990 is an Act set out to â€Å"establish a clear and comprehensive prohibition of discrimination on the basis of disability† (Americans with disabilities, 1990). The Act was introduced to the Senate by Senator Tom Harkins on May 9, 1989. The Act was passed by the Senate on September 7, 1989 by a vote of 76-8 and passed by a unanimous voice vote before the House of Representatives on May 22, 1990. The Act was enacted by the 101st United States Congress and signed into law by President George W. Bush on July 26, 1990 (Americans with disabilities, 1990). ADA Issue: Definition of Disability Under the American with Disabilities Act the term â€Å"disability† refers to a â€Å"physical or mental impairment that substantially limits a major life activity† (Americans with disabilities, 1990). The case between Toyota Motor Manufacturing, Kentucky, Inc. v. Williams was presented to the United States Supreme Court on November 7, 2001. The case primarily questioned how you determine whether an individual is substantially limited in the major life activity of performing manual tasks. Under the American’s with Disabilities Act of 1990, 104 Stat. 328, 42 U. S. C. 12101 et seq. (1994 ed. And Supp. V), a physical impairment that â€Å"substantially limits one or more†¦major life activities† is a â€Å"disability. † 42 U. S. C. 12102 (2) (A) (1994 ed. ). Respondent, Ella Williams, claimed to be disabled due to carpal tunnel syndrome and sued, petitioner, her former employer, Toyota Motor Manufacturing, Kentucky, Inc. , for failing to provide accommodations as required under the American with Disabilities Act. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, (00-1089) 534 U. S. 184 (2002). ] Ella Williams began employment at Toyota Motor Manufacturing in Georgetown, Kentucky, in August of 1990. She was placed on the engine fabrication assembly line, where her duties included work with pneumatic tools. Utilizing these tools over time caused pain in respondent’s hands, wrists and arms. She was treated by her physician and found to have carpal tunnel syndrome and bilateral tendonitis. Her physician released her to return to work with restrictions that included no lifting more than 20 pounds, she could not lift or carry objects weighing more than 10 pounds, must not engage in constant repetitive motion of the wrists and elbows and no overhead work or performing tasks utilizing vibratory or pneumatic tools. Toyota Motor Manufacturing responded to Williams’ restrictions, for the next two years, by modifying her job responsibilities within the medical restriction guidelines. Despite this revision, Williams missed work for medical leave and she filed a claim under the Kentucky Worker’s Compensation Act. Ky. Rev. Stat. Ann 342. 0011 et seq (1997 and Supp. 2000). The parties settled this claim and Williams returned to work. Williams was still not satisfied with petitioner’s efforts to accommodate her work restrictions and she filed suit against Toyota in the United States District Court for the Eastern District of Kentucky alleging that petitioner ha d violated the ADA by refusing to accommodate her disability. The suit was settled, and as part of the settlement, respondent was able to return to work in December of 1993. Upon Williams return, Toyota accommodated respondent by placing her in the Quality Control Inspection Operations Department. The team’s tasks included (1) â€Å"assembly paint†, (2) â€Å"Paint second inspection†; (3) â€Å"shell body audit†; and (4) â€Å"ED surface repair†. Williams was placed on a team that performed only two of these tasks and rotated between the two roles. In assembly paint, Williams would visually inspect painted cars moving slowly down the conveyor and then rotated every other week to the second piece of her role, which was to examine the cars by lifting the hoods and opening the doors. She was able to perform these duties as described. There was a change in workflows in the Department of Quality Control where all employees must rotate between the four tasks of the quality operations. Williams attempted to perform all four duties as required, but began having increased pain, sought medical treatment was diagnosed with myotendonitis bilateral periscapular, inflammation of the muscles and tendons of the shoulder blades and forearms and thoracic outlet syndrome. Williams requested to return to only performing the two components of her position. The parties disagree on what happens next, Williams’ states that Toyota refused her request. Toyota states that the employee began missing work excessively and they were forced to terminate her position for poor attendance. Williams again sued under the Americans with Disability Act of 1990. During the court proceedings and on deposition Williams stated that she was â€Å"disabled† as she was no longer able to perform activities of daily living that included (1) manual tasks; (2) housework; (3) gardening; (4) playing with her children; (5) lifting; and (6) working, all of which, she argued, constituted major life activities under the Act. [Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, (00-1089) 534 U. S. 184 (2002). Under the ADA the claimant must show that the limitation on the major life activity is substantial 42 U. S. C. 12102 (2)(A). â€Å"Substantially limits† was defined as unable to perform a major life activity that the average person in the general population can perform†. In determining whether an individual is substantially limited i n a major life activity, the regulations instruct that the following factors should be considered: â€Å"the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact, or the expected permanent or long-term impact of or resulting from impairment. 1630. 2(j)(2)(i)-(iii) (Americans with disabilities, 1990). The court concluded on January 8, 2002 that the respondent’s impairments substantially limited her in the â€Å"major life activities† of performing manual tasks and was found to be â€Å"disabled† as defined under the Americans with Disabilities Act, and therefore granted judgment to respondent on the basis that Toyota violated the Act by not accommodating her request as a disabled individual. [Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, (00-1089) 534 U. S. 184 (2002). ADA Issue: Definition of Disability and Direct Threat The Americans with Disabilities Act of 1990, under Title II, prohibits disability discrimination by all public entities. Public entities must comply with the ADA regulations by the U. S. Department of Justice and includes granting access to all programs and services without disability discrimination. Under the ADA regulations there is also a â€Å"direct threat† provision which protects facilities where an individual may pose a direct threat to the health or safety of others (Americans with disabilities, 1990). The U. S. Supreme Court Case No. 97-156, Randon Bragdon, Petitioner v. Sidney Abbott, Respondent, poses the question whether asymptomatic HIV infection is a disability under the ADA, and when determining whether an individual with HIV poses a direct threat to a health care provider, should the courts defer to the providers professional judgment [Bragdon v. Abbott (97-156) 107 F. 3d 934, (1998). ] Abbott is infected with HIV, but it had not manifested into the serious stages at the time of the incident. Abbott presented to her dental office and disclosed her HIV infection. Rangdon Bragdon, her dentist, refused to treat her in his office setting and sited his policy on filling cavities on HIV patients. He was willing to treat her in the hospital for no extra charge, but she would be responsible for the hospital bill. She declined and filed suit under the American with Disabilities Act of 1990 (ADA), which prohibits discrimination against any individual†¦ â€Å"on the basis of disability in the †¦enjoyment of the†¦services†¦of any place of public accommodation by any person who†¦operates [such] a place,† 42 U. S. C. 2182 (a), but qualifies the prohibition by providing: â€Å"Nothing [herein] shall require an entity to permit an individual to participate in or benefit from the†¦ accommodations of such entity where such individual poses a direct threat to the health or safety of others,† 12182(b)(3) (Americans with Disabilities, 1990). The court ruled in favor of the respondent, Sidney Abbott, on June 25, 1998. E ven though the respondent’s HIV had not progressed to the point of being symptomatic, HIV is a â€Å"disability† under 12102 (2)(A), that is, â€Å"a physical†¦impairment that substantially limits one or more of the major life activities. The life activity upon which respondent relies, her ability to reproduce and to bear children, constitutes a â€Å"major life activity† under the ADA. In affirming the summary judgment, the court did not cite sufficient material in the record to determine, as a matter of law, that respondent’s HIV infection posed no direct threat to the health and safety of others. The ADA’s direct threat provision, 12182 (b)(3), stems from School Bd. Of Nassau Cty v. Arline, 480 U. S. 273, 287. [Bragdon v. Abbott (97-156) 107 F. 3d 934, (1998). ADA Issue: Reasonable Accommodation and Undue Hardship Title I of the Americans with Disabilities Act of 1990 requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. An accommodation is typically any change in the work environment that allows an individual with a disability to enjoy equal employment opportunities (American with disabilities, 1990). The U. S. Supreme Court case U. S. Airways, Inc. v. Robert Barnett poses the question under â€Å"Reasonable Accommodation†, when an employee with a disability seeks reassignment as an accommodation under the ADA, does the employees right to reasonable accommodation trump another employee’s seniority rights when the employer has a seniority system. Robert Barnett, respondent, obtained a back injury when he was a cargo handler for petitioner, US Airways, Inc. Following the injury, he transferred to the mailroom, which was less physically demanding. The mailroom position later became open to a senior-based employee bidding under US Airways seniority system. US Airways gave the position to the most senior employee, refused Robert Barnett’s request to accommodate his disability, and Barnett lost his job. Robert Barnett sued US Airways, Inc. under the Americans with Disabilities Act of 1990, which prohibits an employer from discriminating against an employee with a â€Å"disability† who with â€Å"reasonable accommodations can perform the essential job functions, 42 U. S. C. 2112(a) and (b), unless the employer â€Å"can demonstrate that the accommodation would impose an undue hardship on the operation of [its] business†, 1211(b)(5)(A) (Americans with disability, 1990). US Airways presented that their seniority system had been in place for decades and governs over 14,000 US Airways agents and the policy would trump all other requests. They had been consistent with the usage of the seniority system and allowing any other rationale to alter the policy would cause undue hardship to both the company and the non-disabled employees. The court ruled on April 29, 2002 in favor of US Airways and stated that undermining seniority systems would cause a undue hardship on employers [US Airways v. Barnett, 535 US 394 (2002)]. ADA Issue: Scope of Title III Under Title III of the Americans with Disabilities Act of 1990 requires an entity operating â€Å"public accommodations† to make â€Å"reasonable modifications† in its policies to accommodate when necessary disabled individuals, unless the entity can demonstrate that making such modifications would alter the nature of their operations, 12182(b)(2)(A)(ii), (Americans with disabilities, 1990). The case, PGA Tour, Inc v. Casey Martin tests the American with Disabilities Act of 1990 and questions whether Title III of the ADA protects access to professional golf tournaments by qualified entrant with a disability; and whether a contestant with a disability may be denied the use of a golf cart because it would fundamentally alter the nature of the tournament to allow him to ride when all other contestants must walk. Casey Martin, respondent, suffers from a degenerative circulatory disorder that prevents him from walking long distances on the golf course. When Martin became a professional golfer he posed a request, which was supported by medical documentation, that while in tournaments he be accommodated by utilizing a golf cart. Petitioner, PGA Tour, Inc. refused and respondent filed suit under Title III of the ADA. The Supreme Court ruled in favor of Martin in a 7-2 decision on May 29, 2001. The Supreme Court found that the PGA Tour should be viewed as a commercial enterprise operating in the entertainment industry and not as a private club. In addition, Martin should be provided a golf cart to utilize as a means of reasonable accommodations [PGA Tour, Inc. v. Martin, 984 F. Supp. 1320 (2001). ] The Americans with Disability Act of 1990 has brought valuable protection and necessary accommodations to employees and applicants that otherwise may have been faced with discrimination, which was the principal goal of the legislation. The act has been instrumental in providing access to public programs and services that may have not been available to disabled Americans previous to the inception of the ADA. The ADA makes it possible for everyone to be treated as equals and prevents unethical discriminatory behaviors from being placed upon those individuals that suffer from disabilities.