Discrimination laws: An analysis

Discrimination laws: An analysis What are the strengths and weaknesses of the law relating to either race discrimination, sex discrimination or disability discrimination? Relating to disability discrimination: Disability discrimination is legally prohibited and controlled in the UK via two main statutory instruments, the Disability Discrimination Act 2005 (DDA) (previously the Disability Discrimination Act 1995) and the Disability Rights Commission (DRC) Act 1999. Further legislation extends the scope of coverage; for example, the Special Educational Needs and Disability Act 2001 providing children equal access to education regardless of their ‘ability’. The main aims of these legislative pieces is to effectively end discrimination towards disabled people and provide them an egalitarianism in society mainly reflected through equal rights in employment; access to goods, services, facilities, products and places; buying, selling and renting land and/or properties and to maximize ease of use of the public transport system (to be implemented by the government). The law in this area remains rather unclear, however, despite the limited and rather straightforward statutory coverage p rovided. This opacity has generated a collection of strengths and weaknesses in the law relating specifically to disability discrimination, some of which will be discussed and explored below. These strengths and weaknesses demonstrate how the law is virtually ineffective in attacking such a concept as discrimination because of enforceability. For the purposes of this essay, focus will reside with anti-discrimination in employment. The greatest weakness in the law in relation to disability discrimination is, as touched upon above, it’s recondite ness. The legislation suffers from the proof problem, qualifying for protection under the Acts. How is a does one define who is and who is not disabled? What is and what is not discrimination? How can you be sure you are being discriminated against as these tests are all a matter of perception, excepting of course when there is clear-cut objective discrimination like a dismissal or non-accommodation of physical ability (Corker, 1999). With regard to defining who is and who is not disabled the DDA states: those who have a physical or mental impairment which has a substantial and long-term effect on his ability to carry out normal day-to-day activities are disabled (DDA 1995 s1.1). The DDA was further extended on April 7th 2005 to include those with some mental illnesses and those suffering from cancer, HIV and MS (multiple sclerosis), yet it did not encapsulate th ose suffering from depression. The reason given by the Commons for this exclusion was because the illness was re-occurring rather than fundamentally long-term and the DDA only covers those illnesses which are long-term (BBC 2005). Depression may be a severely debilitating disorder and much research has attributed depression with biological roots, therefore being an effect of a physical long-term disability which merely manifests sporadically. Yet the purpose of the DDA, to render those with disabilities equally amongst society by removing the constraints their disability places on them, is lost with depressed persons. Many argue however, that a line must be drawn somewhere in order to prevent the floodgates from opening and every even minor disability, from scraped knees to headaches, to fall subject to the anti-discrimination legislation.   This lack of definition within definition is supplemented with a series of guidance notes, issued by the DRC, on interpreting the various terms. Yet, as would be perceived, these notes are merely guidance and not fundamental law and therefore have no enforceable effect. Only a judge could make the decisions as to whether or not a person qualifies as disabled. To activate the process of filing and issuing proceedings, paying court fees and actually going to court while waiting for a potentially adverse outcome is not a walk in the park. Of course this is all providing the perpetrator is difficult. This discrepancy between legal theory and practical application is an obvious flaw in the anti-discrimination regulation and will be touched upon again later. The greatest strength in the law relating to discrimination is its generation of awareness. A simple effect, but a nonetheless extremely important one. Awareness is the first step in a winning battle against discriminating, changing the mind-set of the population en masse. Employers are focused on accommodating the disabled, businesses think more about how effective a disabled person remains. Colleagues are alerted to the fact that a disabled person functions equally well as one who is fully abled if given the right environmental conditions. Yet this legislation may also suffer from institutionalization. When a person is diagnosed as being depressed, checked into an institute and treated by all being depressed then the disorder is perpetuated. On a simpler note, a child who is told they are mentally slow at a young age may begin to live up to that expectation, having been ‘institutionalized’ into stupidity (Cohen, 2002). With physical disabilities this concept applies le ss but with mental disorders it may have some side effects. Further, even with physical disabilities, many disabled persons attempt to integrate themselves into society as much as possible. This legislation, when implemented as intended may instead cause it to be more difficult for the person to move beyond their ‘pigeon-holing’.  Ã‚   A further strength in the law regarding disability discrimination is the provisions it makes for those who defend the disabled. It falls under the term victimisation in the statute and covers both disabled and able people who have either provided evidence or information in a case of discrimination or brought proceedings of discrimination under the DDA, regardless of whether these proceedings were followed through or not (Corker, 1999 and Halsburys, 2005). This applies particularly in the scope of employment, where colleagues may become involved. This provision enhances fair justice as the witness, in this instance the colleague, will know they are protected from being discriminated from by statute and can speak up.   However. The case is never that straightforward. A fundamental weakness with this facet is also the proof problem. What is discrimination, who is being discriminated, who is disabled and so on. Further, a point must be made on the incompatibility (often) between theory and practice. It is fine for a business to change the working area of a disabled person, allowing them greater benefits than other workers, but it doesn’t often follow that the abled workers will not continue to socially discriminate against those who are disabled who are now, due to the anti-discrimination legislation even bigger targets through their labeled, identification parade like treatment. Students suffering from dyslexia often receive special treatment through time extensions during exams and even the possibility to take exams on a computer versus writing. Many have argued that this should be abolished as ultimately they will have learned the same amount than others and just because they have a learnin g disability does not mean that they should receive special treatment over others, especially not those who are of lower than average intelligence. Ultimately could this also not be classed as a disability? Conceptually the anti-discrimination regulations would work well to enhance egalitarianism but how individual people react to it, thereby shaping the environment in which we work, is questionable. The silent treatment, passing work on to others, not being invited to travel and to particular meetings can all feel like discrimination but an abled person can equally be passed over due to lower performance ratings (Butler and Drakeford, 2003). How to find the link between corporate behaviour and discrimination is a problem. The behaviour is also often a matter of perception and some people may be more sensitive than others, reading everything against a backdrop of disability.  Ã‚   The anti-discrimination legislation has another side to it too. The party who is to accommodate the disabled and implement the regulations. This area of law is effective in so far as it clearly lays out for an employer, or other persons who interact with disabled people, what it is that they must do to comply. It also imposes limitations. Employers with 20 or less employees do not need to comply (DDA 1995 s7.1). This prevents the regulation from causing a financial hindrance to those businesses which are smaller and potentially therefore generate less turnover. This is important so as not to become a cause of possible financial and economical ruin. There is a fine balance to be met between protecting the discriminated and imposing rules on the discriminator.   Acceptance and equality within society are fundamental facets, and at that perhaps even the most important ones, that define and shape our society (here in the UK) yet capitalism, consumerism, competition and entrepreneurship ultimately generate the economical and fiscal foundations upon which our high standard of living is based. The weaknesses this area of law experiences are perhaps rather just reflections of a balancing act, attempting to maintain the core backdrop to our standard of life while dabbling at moving the concept of total egalitarianism from ideology to reality. References: BBC, April 7 2005. Peers back down on Disability Law. London: BBC News.   Berlins, M. and Dyer, C. (1994) The Law Machine (4th Edition). Harmondsworth: Penguin.   Butler, I. and Drakeford, M. (2003) Social Policy, Social Welfare and Scandal. Basingstoke: Palgrave. Cohen, S. (2002) Folk Devils and Moral Panics (3rd Edition). London: Routledge. Corker, M. (1999). The UK Disability Discrimination Act – disabling language, justifying inequitable   social participation. In Silvers, A. and Francis, L. (2000). 10th Anniversary of Americans with Disabilities. New York: Routledge. Disability Discrimination Act 1995, Disability Discrimination Act 2005. Queens Printer of Act of Parliament (internet version). The Stationery Office Limited (hardcopy). London. Halsburys Laws: Disability Discrimination. Butterworths Legal Series, 2005. www.butterworths.co.uk/halsburys Slapper, G. and Kelly, D. (2003) The English Legal System (6th Edition). London: Cavendish. Smith, O. (2000) Challenging the Closed Class Concept of Disability under Disability Discrimination Legislation. Liverpool: University of Liverpool, School of Law

The School Vouchers

Susie is a young girl who lives in Florida. Since kindergarten, she has attended a nearby private school. Her parents willingly pay her tuition, even though doing so forces them to cut other corners. They do not mind these sacrifices, since they know that their daughter is getting the best education they can give her. Jesse lives downtown, in the inner city. She attends the local public school and struggles through her classes. Her mother would like to send her to a private school, where there is less violence and a calmer atmosphere, but cannot afford it. Then, Jesse†s mother learns that a voucher system has put into place for the entire state of Florida. Jesse†s inner city, spray-painted elementary school received a failing status, so she can receive a voucher to attend the school of her choice. With the money she receives from the voucher, Jesse†s mother is able to send her daughter to the same private school that Susie attends. Is it fair that Susie†s parents pinch pennies while Jesse†s mother send her on the bus for free? While meaning well, does the voucher system inadvertently discriminate against children like Susie whose parents must work extra hours to put their children through private school? Is the voucher system really the answer to the problems with American education today, or a way to transfer them somewhere else? American public schools have always had their flaws. In the nineteenth century, colleges complained of under-prepared freshmen; students who could not write an essay or even spell. A main controversy was bilingual education for newly naturalized immigrants. As America entered the early 1900s, the debate turned to the use of entertainment in the classroom. Teachers felt that they must put on a show in order to keep the attention of their pupils. The abandonment of phonics in the 1920s and 30s was believed to be the reason why the job market consisted of those with inadequate educational preparation. Social promotion and the replacement of the â€Å"three R†s† with emotional stability and attitude courses were the causes of concern in the 1940s. The 1950s brought an awareness of low standards. It was found that American children were lagging behind the average standards of the rest of the world. Safety in schools also became an issue; incoming teachers were warned of the â€Å"phys! ical courage† necessary to teach. Illiteracy became the main focus on the 1960s and 70s. Phonics (or the lack thereof) was once again to blame (Rothstein 2). Now, at the beginning of a new century, what problems have been fixed? Illiteracy is still high, American standards are still low, and graduates are still unprepared. Each generation feels that schools are worse than the generation before. America has been attempting to solve the problems with its education system for 200 years, but nothing has changed. According to Rothstein: Schools are not up to the task of readying young people for the challenges of the next century. An apparently watered down curriculum ensures that all students, regardless of whether they have mastered necessary skills, can graduate. â€Å"Social promotion† without requirements to master grade-appropriate skills is now commonplace, so even elite colleges must run â€Å"remedial† courses for freshmen in basic math and literacy, and business executives complain that high school graduates are ill-prepared for even relatively unskilled jobs (2). Are these complaints not the same ones that appeared a century ago? Improvement is desperately needed, but where should it start? Cleveland, Milwaukee, and the state of Florida have suggested an answer: a school voucher system. Voucher proponents believe that the system which they support is a starting place. Voucher proponents across the nation believe that through this program, which places the burden of improvement upon schools, progress can be made. The voucher system recently implemented in Florida is built around competition. The public schools have standards which they must uphold. Each year the state gives each school a letter grade which rates that school†s ability to keep the given standards. If the school receives an â€Å"F,† it stands to lose a great deal of its student body because of vouchers. This failing grade qualifies the children enrolled in the school to participate in the voucher program, giving each student between $3000 and $4000 to attend a private school (Kaczor 1). In theory, the system appears to be a well-planned step in the right direction. By penalizing â€Å"failing† schools and providing for their students, it seems progress could be made. Voucher proponents believe that by giving schools grades, each one will strive to be the best, receive an â€Å"A,† and gain a higher enrollment. However, will it really make a large impact upon the innumerable problems which exist in today†s education system? This year, only two of Florida†s 2500 public schools received a failing grade. And, in these two schools, only 52 students chose to participate in the state†s voucher system (Kaczor 1). While 52 children may be having a better school year, what about the hundreds of others across the state suffering from a poor education? Certainly, those 52 students are not the only ones in the state of Florida who were receiving a less than adequate education. Yet, the state granted approximately $200,000 to support the voucher system. If that money had b! een given to the schools, they could improve themselves, so that they were no longer considered â€Å"failing.† Instead, they were penalized by a drop in enrollment. How then can a failing school be expected to improve? As soon as it receives such a stigma, its students leave and funding is terminated. Ralph Neas, president of People for the American Way, told the press, â€Å"The voucher program is costing millions of dollars that would be better spent on improving education for the majority of Milwaukee†s schoolchildren† (Whitmire 1). The voucher system implements a great amount of tax dollars to aid a relatively small number of students. While seeming to neutralize problems in American education, it simply creates more by denying failing schools the chance to improve. There is another major loophole in the voucher system: there is no way to calculate if any improvement has been made in the academic performance of students using vouchers. A comparison between public and private school students† achievements is prevented because each uses different tests. In Cleveland, where an inner-city voucher system, is in place, researchers have reached no clear conclusions about the program†s effectiveness (Whitmire 1). Without this information, there is no way to determine if giving children a voucher brings scholastic improvement. There are definite problems with the American education system; problems the nation has battled for more than a century. Reform is needed, but the school voucher system is not the answer. If the plan would go nation-wide, 50 million children would be dropped at the doorsteps of private schools. Currently, only 10 percent of families send their children to private schools (Tyack 2). This small number of elite schools could not possibly accommodate the boom in enrollment caused by student with vouchers. What then? It is very likely that private schools would spring up overnight in response to the sudden number of children seeking to use government money at private schools. Who can guarantee that these schools will be of a better quality than the public schools which came before them (Roberts, Glenn 22)? If the voucher system were implemented, public school, as they are currently known, would cease to exist. The tax dollars necessary to fund public school improvements and the voucher system simultaneously do not exist. Our public schools need immediate attention to the condition of their physical plants, the training of their teachers (many of whom teach in areas which they have no special expertise), the size of their classes and the equipment and supplies they need, and the quality of their hopes for the children entrusted to them. They need the money that vouchers would bleed away (Roberts, Glenn 23). Instead of taking this money away form the nation†s failing schools, it should be pumped into them and put to work. Education tax dollars should be put to work solving the problems in American schools. The voucher system is an escape out the back door. It simply transfers all of the issues out of the public schools, placing them in the hands of the private community.

Tropical Rainforest Regions

Tropical rainforests mainly occur in the Worlds equatorial regions. Tropical forests are restricted to the small land area between the latitudes 22.5 ° North and 22.5 ° South of the equator - between the Tropic of Capricorn and the Tropic of Cancer (see map). They are also located on major separate continental forests which preserve them as independent, non-contiguous realms. Rhett Butler, on his excellent site  Mongabay, refers to these four regions as the Afrotropical, the Australian, the Indomalayan and the Neotropical rainforest realms. The Afrotropical Rainforest Realm Most of the tropical rainforests of Africa exist in the Congo (Zaire) River Basin. Remnants also exist throughout Western Africa which is in a sorry state due to the plight of poverty which encourages subsistence agriculture and firewood harvesting. This realm is increasingly dry and seasonal when compared to the other realms. The outlying portions of this rainforest region are steadily becoming desert. FAO suggests this realm lost the highest percentage of rainforests during the 1980s, 1990s, and early 2000s of any biogeographical realm. The Australian Oceanic Pacific Rainforest Realm Very little of the rainforest is located on the Australian continent. Most of this rainforest is located in Pacific New Guinea with a very small portion of the forest in the Northeast of Australia. Actually, the Australian forest has expanded over the last 18,000 years and remains relatively untouched. The Wallace Line  separates this realm from the Indomalayan realm. Biogeographer Alfred Wallace marked the channel between Bali and Lombok as the divide between two great zoogeographic regions, the Oriental and Australian. The Indomalayan Rainforest Realm Asias remaining tropical rainforest is in Indonesia (on scattered islands), the Malay peninsula and Laos and Cambodia. Population pressures have dramatically decreased the original forest to scattered fragments. Southeast Asias rainforests are some of the oldest in the World. Studies have indicated that several have existed for over 100 million years. The Wallace Line separates this realm from the Australian realm. The Neotropical Rainforest Realm The Amazon River Basin covers some 40% of the South American continent and dwarfs all other forests in Central and South America. The Amazon rainforest is roughly the size of the forty-eight contiguous United States. It is the largest continuous rainforest on Earth. The good news is, four-fifths of the Amazon is still intact and healthy. Logging is heavy in certain areas but there is still debate over the adverse effects but governments are involved in new pro-rainforest legislation. Oil and gas, cattle and agriculture are major causes of neotropical deforestation.

What Are The Best Forms Of Marketing For Small Business

The competitions among small business are high. That’s when opening a new business, you’ll have a long checklist of must-do tasks. In order to compete effectively, business owners need to be ready to give marketing all it takes. Honestly, no matter how outstanding the product may be of a particular business is, without getting it to the views of the target customer, the organization will hardly make any profit. As noted before above, marketing is a core part of any business operation. It can make the difference a thriving business as well as struggling business. There are various forms of marketing available to businesses today. With the advent and advances in technology, the forms of marketing have also evolved over the years. Thus,†¦show more content†¦Infographics, videos, and podcast all belong to the content-marketing category as well. What’s the reason? All these content mediums have the power to improve your brand reputation, increase your inbound traffic and complement the multiple other strategies you draw from this list (as you’ll know). So if you haven’t already, consider starting up a blog or posting on social media. Experts within the marketing industry agree that common marketing maxim is now truer than ever. Email Marketing Did you know about one-third of Americans check their email every single day and an additional 39 percent check their email more than three times a day? That being said, email marketing remains to be one of the most-cost efficient marketing strategies around, with some sources claim in a return on investment of around 400 percent or more in some cases. Although it’s still up for debate, many people believe that email marketing is the next best idea in digital marketing. On on hand, email marketing offers high open rates, quick response, and robust customer feedback. 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