ESSAY: Business Law

The choice of topics of the Research Paper is contained in the power point presentation attached to this item. The Research Paper shall not exceed five (5) pages in length not including the title page, abstract and references. BE AWARE, it is far more difficult to write a quality paper that is shorter in length. To help achieve the highest grade possible, before writing your paper, please assure that you have (1) carefully researched the issue to be studied (at least seven (7) scholarly or academic resources should be consulted, considering both sides of the issue identified); (2) carefully analyzed the pertinent issue; (3) removed any excess or unneeded verbiage; (4) proofread the paper for proper grammatical structure, (5) clearly, articulately, and concisely addressed the issue raised (this will require considerable time and thought on each student’s part); and (6) is formatted per APA guidelines. The Research Paper will emphasize CRITICAL THINKING, and will require incorporating into the analysis of the issue identified the various concepts discussed in class, in outside readings, and in the textbook.

ANSWER

Business Law

Introduction

            As stated by America’s founding fathers, “all men are equal”. Whether, white, black, short, tall, smart, or dumb, they are all created equally, which means every individual deserves to be judged fairly (Beatty, Samuelson & Abril, 2015). Unfortunately, the fact is that not everyone is born normal and free of disability. The statement by the founding fathers serves to encourage and promote the friendly environment, which assists in encouraging equality and fairness, as well as facilitates the recognition of similarities among the people, rather than focus on their differences (Beatty et al., 2015). Nonetheless, people with disabilities are faced with numerous challenges including discrimination, abuse and bullying, assault, as well as lack of social inclusion and stigma. For instance, issues of equality and discrimination significantly affected the American society before the passage of the Americans with Disabilities Act (ADA) in 1990 (Francis & Silvers, 2016). Before then, there was no existing law that protected Americans with disabilities, especially in employment, as well as championed for their rights and interests. The act aimed to bring sanity to the American civil service and the general society by prohibiting discrimination of people with disability, while championing for their legal rights and equality.

The Americans with Disabilities Act

Background

            The federal legislation idea enhanced and extended the legislation of civil rights to millions of disabled Americans, and it achieved a bipartisan boost between 1988 and 1989. The separate and joint collaboration between President Bush and the Congress in 1989 saw the drafting of the legislation with the capability of expanding the American civil rights without the imposition of unnecessary costs or harm on individuals who are already in compliance with the existing laws and rules (Gould, 2004). Various religious groups took opposing sides during the debating of ADA as the contention was the reference of religious groupings as “public accommodations,” and it meant that churches, for instance, if ADA was to be passed, were required to carry out major structural alterations to facilitate access for all (Francis & Silvers, 2016). Business interests also drew some opposition as the business community argued that the law would potentially deprive millions of Americans of affordable public transportation, and the rural communities the opportunity to explore the outside world (Beatty et al., 2015). The final speech saw President Bush emphasize on the need to finally ensure exclusion is defeated.

Judicial Philosophy and Emerging Legal Trends Analysis             ADA prohibits discrimination of Americans on the basis of disabilities. Similar protection of people with disabilities against discrimination is afforded by the Civil Rights Act of 1964 that prohibits discrimination of people based on sex, religion, race, and nationality (Karger & Rose, 2010). ADA also emphasizes that employers should offer their employees living with disabilities reasonable accommodation, including the imposition of requirements for accessibility on public accommodation. In this case, the case that led to the emerging…