Tuesday, August 20, 2019

The Vietnam Counter-Culture Essay -- youth counter-culture of the 70’s

For some it was all about knowledge and enlightenment. For others it was the drive to show that they were not puppets under the marionette master. But for the masses, it was just what the other kids were doing. Yet, when it really all came down to it, regardless of what they were representing, the youth counter-culture of the 1970’s was quite powerful. Who would have thought that the youth who in all previous wars had heeded their parents call now rejected and abandoned their ideals and almost formed their own sect in the political spectrum? In order to give a just analysis, to give an examination of the Vietnam Counter-Culture, one would have to look to the preliminary causes, the debates and diplomacy of the youth themselves, and the reflection where this has influenced today’s youth. Due to the volatile conditions of the Vietnam War, the protestors believed that they should not be involved in a war that they cared so little about. Public opinion heavily swayed during the war as only one senator dissented from the overwhelming opinion to fight the war (Amter 45). However, as President Johnson escalated the war and the Draft increased by 25% in 1968, those youths being conscripted were infuriated (Dougan 118). Not only this, the North Vietnamese began a ruthless offensive on American soldiers by merciless attacking our bases. This resulted in US victories, but also US casualties (Dougan 116). Also, the marines stationed at the bases began to use offensive attacks to deter Viet Cong assault against the wishes of General Taylor (Karnov 443). With these new less defensive strategy, Nixon announced plans to start operations in Cambodia, and to increase the bombings overall in Southeast Asia (Dougan 180). Some missions even began t... ... also foreign policy. We are now less violent towards other cultures and governments that simply just don’t make sense. The Counterculture may not have directly caused any diplomacy, but this belief has been implemented in basically all that America does anymore, like with the UN, relief efforts, and increased welfare for our own people. In order to give a just analysis, to give an examination of the Vietnam Counter-Culture, one would have to look to the preliminary causes, the debates and diplomacy of the youth themselves, and the reflection where this has influenced today’s youth. I am proud to say that as an American I am proud of the simple origins of the peace and love philosophy. Coupled with the causes of freedom, comes a cause for peace and love. Simply put, why can’t we be friends? Why can’t we love our neighbors in the world? Why not peace and love?

Monday, August 19, 2019

Treatise on Happiness by St. Thomas Aquinas Essay -- Treatise on Happi

In the history of the western world, few men have made a greater impact on humanity’s learning that Thomas of Aquino. Having written dozens of different publications, including his famous Summa Theologià ¦, on subjects varying from the angels to philosophy; from law to theology, Thomas has secured himself a permanent place in academic history. Although never writing directly on the subject, Thomas also influenced the field of ethics, especially through his â€Å"Treatise on Happiness,† which are found within his Summa. In these treatises, Thomas details the nature of happiness, and how happiness is obtained. In the field of ethics, this work is important because it embraces the Aristotelian ideal how a happy person is just, or ethical. Thomas embraces the ideas of Aristotle throughout his work, and goes on to comment on, and Christianize many of Aristotle’s original ideas, including how happiness affects our senses and faculties. One of the most interesting dev elopments in the â€Å"Treatises on Happiness† is the combination of the concepts of Aristotelian happiness, found in Nicomachean Ethics, and Augustinian idea that happiness is not available in this life. In this essay, I will highlight the importance of Thomas’ â€Å"Treatise on Happiness,† and recognize its importance in the context of philosophers who preceded Thomas, namely Aristotle. Before proceeding, it is important to recognize how Thomas defines happiness, and how this is contrasted with those philosophers who predated him. Aristotle wrote extensively on happiness in his Nicomachean Ethics, and argued that: â€Å"happiness is an exercise of the vital faculties in accordance with perfect virtue or excellence,† . In this, Aristotle means that happiness is the use of man’s reason, will... ... be used to practically move towards happiness. Works Cited Aristotle. Nicomachean Ethics, Translated by F.H. Peters, M.A. 5th ed. London: Kegan, Paul, Trench, Truebner & Co., 1893. Accessed November 22, 2014. http://oll.libertyfund.org/title/903. Challoner, Richard., ed. The Douay-Rheims Bible. Douay: Kellah, 1750. Accessed November 22, 2014. http://www.drbo.org/ DeYoung, Rebecca Konyndyk, Colleen McCluskey, and Christian Van Dyke. Aquinas’s Ethics. Notre Dame: University of Notre Dame Press, 2009. Plato. The Republic, Translated by B. Jowett, M.A. 3rd ed. Oxford: Clarendon Press, 1888. Accessed November 22, 2014. http://oll.libertyfund.org/title/598. Thomas. Summa Theologià ¦, Translated by Fathers of the English Dominican Province. New York: Benziger Bros., 1947. Accessed November 22, 2014. http://dhspriory.org/thomas/summa/index.html.

Sunday, August 18, 2019

William Faulkners A Rose for Emily is a Gothic Horror Tale :: A Rose For Emily, William Faulkner

William Faulkner is widely considered to be one of the great American authors of the twentieth century. Although his greatest works are identified with a particular region and time (Mississippi in the late nineteenth and early twentieth centuries), the themes he explores are universal. He was also an extremely accomplished writer in a technical sense. Novels such as The Sound and the Fury and Absalom, Absalom! feature bold experimentation with shifts in time and narrative. Several of his short stories are favorites of anthologists, including "A Rose for Emily." This strange story of love, obsession, and death is a favorite among both readers and critics. The narrator, speaking for the town of Jefferson in Faulkner's fictional Yoknapatawpha County, Mississippi, tells a series of stories about the town's reclusive spinster, Miss Emily Grierson. The stories build up to a gruesome revelation after Miss Emily's funeral. She apparently poisoned her lover, Homer Barron, and kept his corpse in an attic bedroom for over forty years. It is a common critical cliche to say that a story "exists on many levels." In the case of "A Rose for Emily", this is the truth. Critic Frank A. Littler, in an essay published in Notes on Mississippi Writers regarding the chronology of the story, writes that "A Rose for Emily" has been read variously as ". . .a Gothic horror tale, a study in abnormal psychology, an allegory of the relations between North and South, a meditation on the nature of time, and a tragedy with Emily as a sort of tragic heroine." These various interpretations serve as a good starting point for discussion of the story. The Gothic horror tale is a literary form dating back to 1764 with the first novel identified with the genre, Horace Walpole's The Castle of Ontralto. Gothicism features an atmosphere of terror and dread: gloomy castles or mansions, sinister characters, and unexplained phenomena. Gothic novels and stories also often include unnatural combinations of sex and death. In a lecture to students documented by Frederick L. Gwynn and Joseph L. Blotner in Faulkner in the University: Class Conferences at the University of Virginia 1957-1958, Faulkner himself claimed that "A Rose for Emily" is a "ghost story." In fact, Faulkner is considered by many to be the progenitor of a sub-genre, the Southern gothic. The Southern gothic style combines the elements of classic Gothicism with particular Southern archetypes (the reclusive spinster, for example) and puts them in a Southern milieu.

Saturday, August 17, 2019

Muslim People Post 9/11

Muslim people in American post 9/11 Since the 9/11 attacks, many Americans have labeled Muslims in the United States as a threat to our country due to the fact that they share their religion with the extremists responsible for worldwide terrorism. Due to the recent conflicts between the US and Muslim, the Muslims that live in America continue to face isolation and danger because of their faith. Muslim people have gotten worse treatment after 9/11 in the United States in several places which are schools, work places and communities.First; The Muslim students had gotten a worse treatment in schools from the American student and teachers. The Muslim students got lot of hate threats from students in class. Like One the American student was making fun young lady who was wearing hijab. And the teachers can give the Muslim students a low grade for no reason because they are a Muslims. Teachers meant to talk about 9/11 to let the Muslims student felt uncomfortable in the class. In the school hallway American student beat and give them a dirty looks the Muslims student.And how they keep told them that they are a terrorist. Second; at a time of growing tensions involving Muslims in the United States, a record number of Muslim workers are complaining of employment differentiation, from coworkers calling them â€Å"terrorist† to employers barring them from wearing head scarves (Hijab) or taking prayer breaks. And some of the Muslims people don’t get a job because they think that they will do something danger in the work place.And the Muslims worker got in lots of problems from other employees so they can got fired. Third; Muslims people got a worse treatment after 9/11 in the communities. Especially hijabe women are who wear scarf on their heads they have to force a lot of hate and bad treatments like they pulled their head scarf. And the Muslims people got afraid to go out the house so they don’t get worse treatment and get beat from the Americans peo ple. I conclude that the Muslims people have gotten worse treatment right after post 9/11 in the United States.In several places which are the schools from the student and the teachers which that make the Muslim student unconvertible in the schools, work places, and Muslims people got the worse treatment from the other employees and the mangers, And the communities. If one Muslim person did something wrong and destroyed the name of Islam. That’s doesn’t mean all the Muslims people are the same. And they thought that Muslims people are Terrorist. But you can’t judge the people from their religion.

Friday, August 16, 2019

Crash Essay

Description: The film Crash illustrates through various characters many themes that are sociologically relevant and have been intensely covered in course lectures and readings. With the extensive minority groups presented throughout the film; elements of prejudice, discrimination, deviance, patterns of accommodation, as well as strain theory are evident. The film offers an array of conflict in four characters especially that will be discussed here. â€Å"Anthony† and â€Å"Peter Waters† two African-American men, â€Å"Farhad† a Persian shop owner, and â€Å"Officer John Ryan† a white prejudiced policeman all display interesting characteristics of the theories mentioned above. Analysis: Anthony and Peter both commit criminal acts and fit well into the innovation as part of deviance model. They do not believe that they can conform and do not see other opportunities in the largely white areas in which they steal cars, admitting that they want to steal from whites, as they perceive whites to have privilege and hostility toward them. Peter is shot while Anthony attempts to redeem himself by helping another minority group, who he sees to be exploited due to their minority status. Officer Ryan is a prejudiced policeman, who feels the trickle down effect of strain theory. Due to the loss of his father’s job due to affirmative action policies and the subsequent issues with him receiving improper healthcare, this officer turns his frustration to blacks as a whole due to the strain of his father’s condition. Finally, Farhad exhibits the patterns of accommodation, as he attempts to assimilate to the United States, he distrusts others in the different minority groups and feels the shame of being called a terrorist. He retaliates by attempting to kill a Mexican-American, as his level of conflict with other groups is extremely high. Self-reflection: This film is very effective in showing how theories can be applied to actual events that occur in the lives of minorities and those with white privilege. The complex interactions between the different groups highlight much of what conflict theory proposes and elements of structural functionalism, as well. I would highly recommend this movie to any sociology student or others, who have an interest in how groups in society function and deal with one another on a daily basis.

Is the War on Terrorism a War Essay

The Global War on Terrorism is a military run that began shortly after the terrorist onslaughts of September 11th 2001. First used by George W. Bush. the phrase ‘war on terror’ has become to be conceptualized as a term used to mean ‘global military. political. lawful. and conceptual battle aiming both organisations designated as terrorists and governments accused of back uping them. † The war on panic chief focal point has been with Islamist activists and Al-Qaeda. The war in Afghanistan and Iraq are both considered to be portion of the war on terrorist act. There is much guess on whether the war on panic is really a war. This essay will reason that both points of position are valid. There are grounds which validate the war on terrorist act as being considered an existent war such as the fact that an existent decelaration of war was waged by both the US and Al-Qaeda. it can be considered a new manner of war. and that finally like war. terrorist act is a mean to a political terminal. On the other side of the spectrum. it may non be considered a war because it does non hold a clear terminal or possible triumph. it does non hold a confined conflict infinite as regular wars. and it is a ‘war’ against an immaterial construct such as the wars on poorness. drugs. and offense. There is an extended sum of literature on the topic of terrorist act and particularly the war on panic. Mia Bloom in ‘Dying to Kill: The Allure of Suicide Terror’ examines the usage schemes. successes. and failures of self-destruction bombardment in Asia. the Middle East. and Europe. She claims that in many cases the attempt of Israel. Russia. and the United States have failed to discourage terrorist act and suicide bombardments. Bloom besides contemplates how terrorist groups learn from one another. and therefore how they react and retaliate to counterterror tactics the funding of terrorist act. and the function of suicide onslaughts against the background of larger cultural and political struggles. Another current bookman authorship on terrorist act is Mark Juergensmeyer. Juergensmeyer surveies spiritual terrorist act more specifically. Bruce Hoffman gives a superb penetration to terrorist act and all its facets. Hoffman describes its historical development and the mentality of the terrorist. He examines this unseeable enemy and his tactics and motive in a globalized universe. Hoffman argues that the 9/11 onslaughts on the Twin Towers radically altered the USA’s and the Wests position on terrorist act. When trying to reply the above inquiry it is of import to clear up and specify the footings. Terrorism has a huge figure of definitions and varies greatly depending on who is seeking to specify it and from what position it is being defined and at which range. For illustration one definition of terrorist act is the FBI’s definition of it as ‘the improper usage of force or force against individuals or belongings to intimidate or hale a Government. the civilian population. or any section thereof. in farther political or societal objectives’ . Another definition is from the Department of Defense which states it to be as ‘the calculated usage of improper force or menace of improper force to instill fright ; intended to hale or to intimidate authoritiess or societies in the chase of ends that are by and large political. spiritual. or ideological aims. A concluding illustration of one of the many definitions of terrorist act is that of the Department of homeland Security which states it as ‘any activity that involves an act that is unsafe to human life or potentially destructive of critic substructure or cardinal resources ; and†¦must besides appear to be intended ( I ) to intimidate or hale a civilian population ; ( two ) to act upon the policy of a authorities by bullying or coercion ; ( three ) to impact the behavior of a authorities by mass devastation. blackwash. or nobbling. ’ These definitions vary rather greatly from one to another. Any definition of terrorist act suits a peculiar bureau and how they look at the act of force. whereas really few expression at the causes for it and what its kernel is. Notice the selected vocabulary for each definition will accommodate the type of agency’s profile. The job with specifying terrorist act is one that it is a subjective thing. and two that the parties seeking to specify it seek to include everything and nil in it. They try to set and assorted different events that happened and state of affairss every bit good to assist specify it so as to do certain that terrorist act encompasses a big figure of things. For illustration the discotheque bombardment of Bali. It seems that the definitions need to include anything that attacks the West. With respects to the war on panic. is it the war on panic or terrorist act? Is there truly a war on terrorist act and if so harmonizing to whom? The USA? Al-Qaeda? And in which theaters and locations are we speaking about? The war on panic might be a war on panic in Afghanistan but non in other topographic points. Besides the rubric of the inquiry is rather equivocal because is terrorist act is an act of war. or is war is an act of terrorist act? Each one can be unfolded onto the other easy. It is besides of import to see who is included in the war on panic. is it all terrorists groups including terrorist groups like the IRA? Or is it merely limited to Islamist hawkish terrorist groups such as Al-Qaeda? It is non ever clear who are the terrorists and who are the terrorized†¦ â€Å"All political relations is a battle for power. and the ultimate sort of power is force. † Hoffman writes that terrorist act is where political relations and force intersect in the hope of presenting power. And that all terrorist act involves a pursuit for power. Power to make many things such as to rule. coerce. control but finally to ‘effect cardinal political alteration. Clausewitz’s definition of war was ‘war is the continuance of Politick by other means’ . In this context terrorist act tantrums in conformity to his definition as terrorist act excessively can be considered portion of war. Terrorism can be considered a tactic or act of war. or war a tactic or act of terrorist act. For illustration the Gallic used anguish during the Battle of Algiers. the US uses panic tactics itself such as Abu Ghraib. It is really hard to divide war from terrorist act neatly. Bing a terrorist is a stepping-stone to going a politician. Therefore because of the really equivocal relationship and line between war and terrorist act. terrorist act can be considered as a new manner. or military maneuver of contending war. Therefore anything that tries to counter onslaught it can besides be considered a war. Therefore riping the war on terrorist act a war. Terrorism is ‘a complex phenomena in which force is used to obtain political power to readdress grudges ’ In order for one to see the war on terrorist act as an existent war. an existent statement of engaging war has had to been made. This is the instance with the war on terrorist act. Al-Qaeda did declare war on the USA in 1998. The bush disposal created the term of the ‘axis of evil’ and the USA did contend a conventional war in Iraq in 2003. The war on terrorist act might non be a war in itself but it could be made up and composed by several on traveling wars such as Chechnya. the authorities of Sri Lanka versus the Tumult Tigers ( which was really the first state to successfully get the better of terrorist act ) . and Mali. There have been clear aims set out and enemies to get the better of. Although this enemy is unseeable. and the manner of contending the conflicts are different ( due to the asymmetrical facet of the war on panic ) it does non intend this is non a war. The regulations have changed. the conflict infinite as good. the manner of thought of the enemy and war has changed drastically. But it is still war. It is merely a new face of war. However. the war on terrorist act is difficult to specify as an existent ‘war’ for several grounds. One. because it seems the US and the West are merely patroling and prosecuting in state edifice to advance broad democracy. Hoffman mentions the 2nd factor. which is immensely of import in discrediting the war on terrorist act as a war saying that ‘unlike traditional wars. the war on panic does non hold a clear end’ . This is because the triumph seems unachievable. Terrorism won’t dice along with the terrorist leaders. Not even when the most wanted terrorist has been killed. DCIA Leon E. Panetta stated that â€Å"I don’t think there’s any inquiry that when you get the figure one terrorist in the universe. that we’re a small safer today than we were when he was alive. But I besides don’t think we ought to pull the leg of ourselves that killing Usama Bin Ladin kills al-Qa’ida. Al-Qa’ida still remains a menace. they’re still traveling to seek to assail our state. and I think we have to go on to be argus-eyed and go on the attempt to finally get the better of these cats. We damaged them. but we still have to get the better of them. † In order for a war to be a war. shouldn’t it hold a clear terminal? Or at least a possible one? The war on terrorist act besides is discredited as being an existent war because it does non take topographic point on a clear conflict infinite. The manager of public prosecutions. Sir Ken Macdonald quoted â€Å"London is non a battleground. Those inexperienced persons who were murdered on July 7 2005 were non victims of war. And the work forces who killed them were non. as in their amour propre they claimed on their farcical pictures. ‘soldiers’ . They were deluded. egotistic inadequates. They were felons. They were fantasists. We need to be really clear about this. On the streets of London. there is no such thing as a ‘war on terror’ . merely as there can be no such thing as a ‘war on drugs’ He continues by saying that ‘the battle against terrorist act on the streets of Britain is non a war. It is the bar of offense. the enforcement of our Torahs and the winning of justness for those damaged by their violation. † The war on panic could merely be a war against a ‘thing’ such as the war on poorness. drugs. offense tc†¦ There is no existent manner to get the better of. destroy and free the planet of such immaterial constructs. The war on terrorist act looked under these facets becomes more hard to truly accept as a war. It is hard to reply the inquiry if whether the war on terrorist act is an existent war. It appears that there is a battle between Al-Qaeda contending secula rism. consumerism. and immorality and the US and the West is contending against retardation and against groups of people who reject western values and globalisation. Is this what the existent war being fought is about? Is this the existent war that is traveling on? There are both facets crediting the war on terrorist act as a war and others discrediting it. This inquiry nevertheless is extremely relevant and intertwines to other facets of IR305 such as the altering nature of war ( is the war on panic the new type of war? ) . the different types of warfare ( is the war on panic the new western manner of warfare and terrorist act the Arab manner of warfare? ) . and the subject of hazard societies ( are we engendering more terrorist act by contending the war on panic. therefore making more hazard ) . All of these assorted facets of IR305 are relevant to the subject of the war on terrorist act.

Thursday, August 15, 2019

Summary and Analysis of two EEOC laws

The Equal Employment Opportunity Commission (EEOC) is The United States Government enforcement mechanism for Federal legislation regarding discrimination in the workplace. Two recent Acts of Congress under the management of the EEOC have particularly wide-ranging effects and potential effects for the American people. The Americans with Disabilities Act of 1990 is considered a landmark Act and a platform for future legislation of its type. The Genetic Nondiscrimination Act 2008 is part of a continuing line of anti-discrimination legislation.Its full impact probably will not be seen for decades to come but its potential impact in closing a new avenue for discrimination is great. As Federal Acts these laws instantly have more impact than any pre-existing state laws. They set nationwide standards for businesses, labor unions and employment agencies. A business cannot relocate itself in a state where anti-discrimination laws are less strict or where enforcement is lax. Individuals can exp ect the same rights and protections nationwide, except in cases where certain industries have been granted exceptions for safety or national security reasons.Traditionally, the Federal government has been hesitant to regulate private business. In the case of discrimination it has made exceptions when it became clear that discrimination was either unconstitutional, hurting national productivity, or both. The Civil Rights Movement was a catalyst for much of the anti-discrimination legislation we regard as commonplace today. Background The social upheaval of the 1960s triggered substantial changes in American law. Those changes were mirrored in actions of the United States Congress and Judiciary.An increasing emphasis on the securing of individual rights for all Americans led to a series of new laws crafted especially to protect historically discriminated against minorities. Laws designed to even economic and societal playing fields for African-Americans and women were enacted in the 1 960s and 70s. In the 1980s and 90s new laws focused on the rights of the disabled. About the same time individual privacy concerns came to the forefront. In this scientific and technological age, personal information is more readily available than ever. Genetic information could be spread widely in the blink of an eye.This information could then be used in discriminatory ways. Researchers worry that a new spectrum of discrimination has been opened up based on a person's genetic potential to become ill. A perceived genetic black mark could effectively label a person in much the same way as minorities, women and the disabled have been labeled in the past. Three laws: The Civil Rights Act of 1964, The Americans with Disabilities Act of 1990 (ADA) and the Genetic Nondiscrimination Act of 2008 (GINA) are part of a continuum of nondiscrimination laws designed to mitigate the effects of such labeling or prevent it all together.The latter two laws were essentially a product of the first. Th ose two laws will be analyzed here. The Americans with Disabilities Act of 1990 (ADA) This Act came about from a growing cultural realization that people with physical disabilities have every right to full participation in American society. In many cases their contributions are equal or greater than able-bodied citizens. Instead of being seen as an embarrassment or a drag on society, they should be seen as valuable assets that should be cultivated rather than wasted.Historically speaking, the disabled were not accommodated in this purpose. Instead they were excluded from employment and many of the other functions of the American society. This exclusion was often based on erroneous assumptions about the capabilities of disabled people, the reticence of others to accept them, etc. Framed in the legal context, the question was whether American society and government were systematically violating the constitutional rights of the disabled by not guaranteeing an equal playing field.Disabl ed individuals already have much to overcome. Allowing discrimination to make their lives all the more difficult was morally wrong and, eventually, unconstitutional as well. The Americans with Disabilities Act of 1990 piggybacked upon the Civil Rights Act of 1964 and several other laws. It attempted to codify, in clear terms, the rights of the individual disabled citizen as well as the rights and responsibilities of various agencies, governmental organizations and private businesses dealing with the physically disabled. Purposes (ADA)The Congress of The United States has determined that â€Å"Census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society and are severely disadvantaged socially, vocationally and educationally† (United States Equal Employment Opportunity Commission, 1990). Given those realities the potential impact of anti-discriminatory legislation is enormous. In some cases pr eventing discrimination is as simple as removing physical barriers. In other cases it requires a long-term attitude readjustment in opinions about the disabled and what they can or cannot do.Discrimination has also occurred because businesses have irrational fears about what it will cost them to have employees with disabilities. This Act is designed to clarify what businesses can and cannot do in regard to the disabled. In a clarified landscape businesses can effectively keep costs down. The subtitle of the act describes its purpose this way: â€Å"To establish a clear and comprehensive prohibition of discrimination on the basis of disability† (United States Equal Employment Opportunity Commission, 1990).In its statement of Findings and Purposes the Congress concluded that disabled people have suffered unjust discrimination and needless denial of opportunity. This discrimination has effectively relegated the disabled to â€Å"second class citizen† status in the United States. Modern medicine and recognition of the accomplishments of disabled Americans has led to a shift in perspective. In the past, qualified students were excluded from education by outdated attitudes or because of something as simple as physical barriers. The same was true in employment.When disabled Americans were not plugged into these two critical facets of life, they would often end up excluded from society as a whole. In addition to being the â€Å"right thing to do†; this act is the result of a simple cost-benefit analysis. The cost of making attitude adjustments and simple accommodations pales in comparison to the potential societal benefits of having disabled people fully participating in society (Pickering, 2000). In addition to justifying the act based on evidence of past discrimination, the Congress also notes the financial toll of discrimination on the basis of disability.Individuals suffer the costs of not having an equal chance to make a living. Society then suffers as well because many become dependent on government and other aid when equal opportunity might have made this unnecessary. Thirdly, the nation loses the productivity that many disabled people are capable of. Provisions (ADA) This act regulates what companies may and may not consider in the hiring, firing and promotion of employees with disabilities. Disabled employees cannot be classified as such if it, in any way, unfairly hinders their chances of success at the corporation.The fact that the employee has a physical disability cannot be the deciding factor in whether or not an employee is hired or promoted, except under a very narrow set of criteria. Disabled employees are entitled to equal opportunity and equal pay for equal work. Reasonable accommodations must be made for the disabled employee wherever necessary. â€Å"Reasonable† is a term that is subject to ongoing interpretation. In some cases it can mean something simple as adding a wheelchair ramp or widening a bathroom door.In other cases it can mean an alteration in the job itself. Employers have some leeway in this area. Courts have ruled that when accommodations would cause a â€Å"disparate† hardship on the company it may be granted a waiver from the â€Å"reasonable accommodations† standard. During the application phase, the employer may not ask about disabilities except in the context of the applicant's ability to perform job-related tasks. If there is a pre-employment testing process the employer must make reasonable accommodations for each applicant to take the test.Medical tests can be done on a voluntary basis. The results can only be used for hiring/firing decisions when a clear inability to do the job is apparent. The employee also may not be coerced or retaliated against when requesting accommodations mandated under this act. This prohibition also applies to any employee or other individual who may have helped a disabled person exercise their rights. Notices of this act must be posted by emplo9yers agencies and labor unions in an easily accessible place for employees to read.Enforcement of the Act is handled by the Office of the Attorney General of the United States and The Equal Employment Opportunity Commission (EEOC). Sub agencies like The Occupational Safety and Health Administration and others may become involved if a particular case warrants. The Genetic Information Nondiscrimination Act of 2008 (GINA) By the turn of the twenty-first century a great deal of legislation aimed at securing the rights of minorities, women and the disabled had been enacted and had passed constitutional scrutiny. Meanwhile, a new technological age was emerging.The world was rapidly becoming more interconnected. The science of genetics was also experiencing explosive progress. A new and nearly infallible method of identifying specific people animals and plants was discovered and refined. Genetic testing of individuals has been around for a while. In recent years this testing has become more refined, more widely available and less expensive. This type of testing can identify genes or gene disorders that are associated with a wide array of health conditions. This does not mean that the person will get the condition; it only means that the potential is there.In 2008 Congress acted upon public worries that genetic testing and information could be used for discriminatory purposes. Employers might try to use genetic information for hiring, firing and promotion purposes. Insurers might also use that information for denial of coverage, rate changes or other purposes. In contrast with the ADA (1990), the Genetic Nondiscrimination Act of 2008 is an attempt to target potential discrimination before it becomes widespread. In addition to protecting the rights of individuals this Act is designed to create a friendlier environment for medical and scientific research.According to Hudson, Holohan and Collins, â€Å"Along with the benefits it provide s to individuals, the new law should have positive effects on the fields of clinical research and health care delivery† (2010). Purposes (GINA) The stated purpose of this Act is: â€Å"To prohibit discrimination on the basis of genetic information with respect to health insurance and employment† (United States Equal Employment Opportunity Commission, 2008). This is similar to the purpose stated in the ADA. Because of the nature of genetic science enforcement methods differ. Discrimination in this area can have wise-ranging effects.Hudson et al. Also believe that genetic discrimination has had a chilling effect on potential research subjects. â€Å"Fear of genetic discrimination has also put a damper on patients' willingness to consider genetic tests†¦ or to have the results of such tests included in their medical records† (Hudson, Holohan and Collins, 2010). After fourteen years of Congressional debate GINA was finally passed in 2008. During the time this Ac t was under consideration, a number of states enacted their own laws on genetic testing and the transfer and usage of genetic information.As the genetic science industry grew many of those laws have been repealed however. This triggered a renewed effort by the Congress to pass a set of uniform standards. In theory, genes are neutral indicators of human beings. In practice genetic information can be used for de facto discrimination against individuals. Provisions (GINA) In section 1 of the Act, The Employee Retirement Security Act of 1974 was amended to provide additional protection against genetic-based discrimination. Insurance companies may not set group premium rates based on disease potententiality identified through genetic testing.Insurers can take into consideration diseases that have already manifested themselves in the group population. Heath plans may not require genetic testing as a policy condition. Under a narrow set of circumstances they can request genetic testing if it can assist in clarifying the health situation of a certain individual. It cannot request or mandate testing of the entire group. A genetic test is defined as: â€Å"an analysis of human DNA, RNA, chromosomes, proteins or metabolites that detects genotypes, mutations or chromosomal changes† (United States Equal Employment Opportunity Commission, 2008).Fines for noncompliance begin at $100 daily for each employee. For example, if ten employees were mandated or coerced into genetic testing as a condition of maintaining insurance coverage, the federal government would levy a $1000 fine to the insurer retroactive to the time the coercion began. For violations more serious than de minims, the fines are higher. Genetic information may not be used for eligibility, maintenance of policy or as a pre-existing condition. Employers must comply with many of the same restrictions on genetic testing.Hiring, promotion and firing decisions cannot be based on genetic information. Also the em ployer may not acquire or purchase genetic information about an employee without specific written permission. Even when permission is given all other restrictions still apply. Similar requirements also apply to employment agencies and labor organizations. One notable exception exists for labor organizations. If the purpose is to monitor the effects of toxins in the workplace, the collecting of genetic information may be allowable if certain requirements are met.The employees must be notified and provided with individual results; and the actions must be compliant with OSHA, the provisions of this Act and any other federal laws. Section 206 of this Act addresses confidentiality, an issue of growing concern for many Americans. The Act strengthens confidentiality standards set forth in state and federal legislation, including the Americans with Disabilities Act of 1990 (ADA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Under this Act remedies and enforcem ent vary according to the type of violation and which statute the employee is covered under.Analysis and Conclusion These are two Acts of Congress which may appear different on their face. They were enacted nearly twenty years apart. One targets a legacy of past behavior while the other is preventive in nature. One is based on very human issues while the other is concerned with the cutting-edge of science. Despite their differences, the two laws boil down to one issue of concern to every American – discrimination. These acts are part of a continuum not to create equality but to ensure equal opportunity. These laws are recognition of two of the greatest strengths of America.This nation grew from humble seeds by expanding opportunity, over time, to those would not have received it before. The contributions of those citizens then fueled America's rise to power. Secondly, the Acts are indicative of a nation's willingness to right its past wrongs. This has been done many times in the history of the nation. Making these changes is not always easy, but it is necessary for the continued growth of the country. The impact of The Genetic Nondiscrimination Act of 2008 remains to be seen. It is very likely that as genetic science continues to grow the law will need to evolve.Its ability to do so will be the measure of its ultimate impact. It will be a challenge for the law to keep up. In 1995, there were about 300 genetic tests for diseases and conditions. Most of these tests were done in the context of scientific research and were not readily available to the public. Today over 1500 tests are available. They are much more widely accessible and cover a wide range of conditions from rare to commonplace. The Genetic Nondiscrimination Act puts the scientific community on notice by setting privacy and ethical standards and creating an enforcement apparatus.The safeguards in this Act may ultimately benefit science by making citizens more willing to participate in researc h. More importantly, it potentially closes doors to an entirely new and damaging form of discrimination. There are potential financial benefits as well. According to Hudson, Holohan and Collins â€Å"It will accelerate research†¦ and allow Americans to finally realize the benefits and health care savings offered by gene-based medicine† (2010). This act is an early step for preventing discrimination in a burgeoning field. It is not comprehensive though.The safety and reliably of genetic tests is one potential area for future regulation. Marketing of genetic testing services is another. When Congress considers regulatory acts of this nature there are many factors to take into consideration. It must consider effects and potential effects on a wide array of stakeholders. Preventing discrimination on one group without causing discrimination or undue hardship on another is a narrow line to walk. The ADA and GINA have made progress in preventing unjust and unnecessary discrimin ation.The ADA has brought a large population of people out of society's shadows. The Act will become all the more important as people can now live longer and be productive with disabilities. Our aging population also means that the law will impact an increasingly large group of people. The Genetic Nondiscrimination Act shares philosophical similarities with the ADA and The Civil Rights Act of 1964. Discrimination, whether based on race, disability or genetic makeup is not true to the United States' Constitution. As a result of these laws individuals and society will benefit socially and economically.America itself will benefit by having the contributions of the citizens' affected. The nation benefits when the largest possible majority of its citizens enjoy the individual right to maximize potential. In a dynamic society, Congress will need to revisit and amend these laws in perpetuity in order to fulfill their true promise. References Hudson, Kathy, M. K. Holohan and Frances Collins . (2010). â€Å"Keeping Pace with the Times: The Genetic Nondiscrimination Act of 2008†. NEJM. Retrieved May 29 from: http://content. nejm. org/cgi/content/full/358/25/2661Pickering, Francis. (2000). Americans with Disabilities: exploring implications of the law for individuals and institutions. New York: Routledge. United States Equal Employment Opportunity Commission (EEOC). (2008). â€Å"The Genetic Nondiscrimination Act of 2008†. EEOC. Retrieved May 29, 2010 from: http://www. eeoc. gov/laws/statutes/gina. cfm United States Equal Employment Opportunity Commission (EEOC). (1990). â€Å"Titles I and V of the Americans with Disabilities Act of 1990†. EEOC. Retrieved May 30, 2010 from: http://www. eeoc. gov/laws/statutes/ada. cfm