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Employment: Affirmative Action

Since 1961, when President John F. Kennedy introduced the concept of affirmative action as a means of leveling out employment and educational differences in White and minority populations, the concept has been controversial. While advocates argue that it helps to make up for centuries of discrimination against minorities, opponents contend that affirmative action punishes people who were not responsible for that discrimination by continuing to deny them equal opportunities. President Lyndon Johnson initiated affirmative action in federal contracts through Executive Order 11246 in 1965, paving the way for the hiring of minorities and banning discrimination on the basis of race, color, religion, or national origin. President Richard Nixon continued federal support for affirmative action, adding gender as a minority classification. In the 1970s, passage of the Rehabilitation Act and the Civil Service Reform Act applied the concept of affirmative action to workers with disabilities. For deaf workers, affirmative action has meant that employers cannot discriminate in hiring and promotion and requires employers to take communication and assistive needs into account. Despite significant chipping away at affirmative action by the Reagan-Bush administrations, Congress passed the landmark Americans with Disabilities Act in 1990, which broadened employment protections for deaf individuals. President Bill Clinton announced continued support for affirmative action in the early 1990s. Affirmative action remains controversial in the 21st century with Democrats generally supporting it and Republicans opposing it.

Deaf individuals have traditionally lagged behind the general population in both employment and education. The discrepancy is greatest among those who are deaf. For example, in 2001, 44.4% of individuals with severe to profound differences in hearing did not graduate from high school as compared to 18.7% of the general population. Among the 18 to 44 age group, 58.7% of those with severe to profound hearing differences were employed. By contrast, 82% of their hearing peers were in the workforce. Among the 45 to 64 age group, only 46% of those with severe to profound hearing loss were employed as compared to 73% of the general population.

History

In 1973, Congress passed the Rehabilitation Act, stating in Section 501 that workers with disabilities should be hired and promoted according to the concept of affirmative action. Employers were required to accommodate the needs of workers with disabilities within reason. Section 503 also applied the concept of affirmative action to all subcontractors who signed contracts for more than $10,000. As a result of Section 501 of the Civil Service Reform Act of 1978, federal agencies are required to meet the communication needs of deaf and employees. This means that they can hire full-time interpreters, call on the services of other employees who are capable interpreters, or hire interpreters on an as-needed basis. Section 503 of the 1978 act is applicable to all federal contractors who hold contracts for more than $2,500 and applies affirmative action to hiring and promoting workers with disabilities. The section also provides remedies for deaf employees who prove discrimination, offering injunctive relief, withholding of progress payments, the termination of contracts, and/or removal of companies from the list of approved government contractors.

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