...The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities. Any company with 15 or more employees must be in full compliance with the ADA. The ADA, "prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation...
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...Department of Labor that was enacted in 1993,necessitates that covered employers make available to employees leave that is related to work, and also unpaid for medical and family reasons that are considered fit. FMLA applies to employers with 50 or more employees, public agencies, and schools (Ford et al 2000). An employee is qualified for FMLA if they have reached 12 months of working for their employer, have worked for 1250 hours for him or her, and works where there at least 50 workers who are working for the same employer (The Family Medical Leave Act, 1993). It should be noted, however, that the leave period should not exceed 12 weeks for a period of 12 months. The conditions which enable one to benefit from FMLA are: * The delivery of a child, either a boy or girl or the placement of a girl or boy child with the employee for taking up or adoptive care (Ford et al 2000); * The care for an intimate such as a marital partner spouse, son, daughter, or parent who is very ill or injured; * If the employee has a serious health condition or injury that makes it almost impossible to do the tasks that they should do; or * For any eligible emergency that arises out of the point that an intimate such as a spouse, son, daughter, or parent is a member of the military on covered active duty or call to covered active duty status (Ford et al 2000). Upon returning from the granted leave, an employer must ensure that the employee gets the job he or she was doing before...
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...Americans with Disabilities Act of 1990 (ADA) Submitted to Meet the Requirements of Integrated Studies 6000 Submitted by: Kirk L. Williams Jr. On Sunday, July 19, 2015 To Dr. Ronald J. Hunady Table of Contents Topics Page I. Introduction 3 II. Project Purpose 3 III. Project Methodology 3 IV. Body of the Paper 4 V. Conclusions 13 VI. References 14 I. Introduction I am a retired Army combat Veteran diagnosed with Post Traumatic Stress Disorder (PTSD). In addition, I am a survivor of Renal Cell Carcinoma commonly known as kidney cancer. Transitioning into the civilian sector made me curious about how civilians deal with American with disabilities. The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that protects employees with disabilities. The law prohibits employers from discriminating against individuals with physical and mental disabilities and the chronically ill. The Vocational Rehabilitation Act of 1973 was the first law to prohibit the discrimination of disabled in federally funded activities. This law did not protect the disabled under the Civil Rights Act of 1964. Therefore, in 1990 Congress passed the Americans with Disabilities Act to protect this class of citizens. II. Project Purpose To learn the applicable laws and protections afforded employees under the ADA. III. Project Methodology I will research the laws governing the ADA by using books detailing the purpose...
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...summary of each of the four Acts and consequences for noncompliance. Civil Rights Act of 1964 The Civil Rights Act of 1964 is regulated and enforced by the Equal Employment Opportunity Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, assistance, or subsidies The Civil Rights Act of 1964 applies to you. The EEOC “enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment” (The United States National Archives and Records Administration, n.d., para. 3). The Civil Rights Act of 1964 makes it unlawful for employers to “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges or employment,...
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...Introduction The Americans With Disabilities Act (ADA) is a law that was enacted by the United States Congress in 1990. The law aims to prohibit discrimination against people with disabilities in the areas of transportation, communications, governmental activities, public accommodation, and employment (Retrieved from http://www.ada.gov/ada_intro.htm). Employers that have 15 or more employees are prohibited from discriminating against those with disabilities by Title I of the ADA (Retrieved from http://www.dol.gov/dol/topic/disability/employersresponsibilities.htm). The stipulations in employment related matters of the ADA have the following requirements: 1. Equal Opportunity in selecting, testing, and hiring qualified applicants with disabilities...
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...Feedback | * Question 1 0 out of 0 points | | | For a disparate treatment case involving pretext, which is the correct order of proof? | | | | | Selected Answer: | plaintiff’s primary evidence, defendant’s primary evidence, plaintiff’s rebuttal showing discriminatory motive | Answers: | plaintiff’s prima facie case, defendant’s lawful motive, plaintiff’s additional evidence supporting discriminatory intent | | plaintiff’s evidence supporting discriminatory intent, defendant’s lawful motive, plaintiff’s prima facie case | | plaintiff’s primary evidence, defendant’s primary evidence, plaintiff’s rebuttal showing discriminatory motive | | none of these | | | | | * Question 2 0 out of 0 points | | | An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use? | | | | | Selected Answer: | the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for...
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...CHAPTER 14 Religious Discrimination 1. Freedom of Religion is guaranteed by each state under the 1st Amendment. Answer: FALSE 2. Religion can be a BFOQ. Answer: TRUE 3. Accommodating religious beliefs is required unless it presents an undue burden to the employer. Answer: TRUE 4. An employer is entitled to know of the employee’s religious beliefs before granting an accommodation. Answer: TRUE 5. The wearing of religious clothing is protected unless it presents an undue hardship. Answer: TRUE 6. During employment wearing a gold cross which can be seen by others is permissible. Answer: FALSE 7. An employee’s desire to live in an active religious community which is a significant distance from the workplace does present an undue hardship to the employer. Answer: FALSE 8. The KKK is both a political and a religious organization. Answer: FALSE 9. Gina teaches for a religious school whose doctrine prohibits abortion. Gina has an abortion between semesters. The school can terminate her. Answer: TRUE 10. In a hospital, an attending nurse can refuse to participate in a life threatening procedure that results in an abortion because of her religious belief. Answer:FALSE 11. The following are absolutely protected: a) religious practices b) religious beliefs c) religious buttons d) a&b e) all Answer: D 12. The following Amendments are applicable to religion: f)...
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...Examining Government Regulations The American Disabilities Act (ADA) was passed by Congress and signed into law by President George H. Bush on July 26, 1990 to protect the civil rights of disabled individuals in regards to their employment, public transportation, and access to public establishments (National Institute on Disability and Rehabilitation Research, 2012). In regards to employment for individuals living with disabilities, the ADA outlines regulations and laws that are to be followed by potential employers. One of the regulations states that potential employers may not discriminate against an applicant based on a disability of a potential employee. This regulation is enforced by the U.S. Equal Employment Oppurtunity Commision. These regulations have significant impact on persons living with a disability. Until the Amercian Disabilities Act took affect, persons with disabilities had no recourse for discrimination. Employers could refuse to hire a qualified individual based on the presence of a disability or the employer perceiving the applicant of having a disability. Potential employers could also deny a disabled applicant a position based on not being able to accomadate their disbabilty. With the ADA, employers are responsible for providing reasonable accomadations to a qualified applicant in order for them to properly perform their job responsibilities (The ADA: Your Employment Rights as an Individual With a Disability, 2005). These accomadations include...
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...Disability Discrimination In The Workplace Joe Walters University of Phoenix Dr. Casey Reason May 15, 2013 Introduction The prevalence of disability discrimination in today’s workforce is an important topic in any place of employment. Surveys have been conducted that reveal nearly twenty percent of employers believe that the most significant barriers that disabled people face in finding and securing employment are inaccurate stereotypes and negative attitudes (Roessler, et al., 2007). When individuals are not employed because of some disability, it denies the disabled worker the right to earn an income to provide for their needs as well as their families and it deprives individuals of contributing to society (McCary, 2005). McCary points out that 21 million Americans with disabilities is the largest minority population in the United States. 20 years after the American with Disabilities Act was signed into law, nearly 40 percent of working-age men and women with disabilities were unemployed (2005). As a response to the high rate of unemployment, in 1990 the American with Disabilities Act was passed (ADA) (Ledvinka, 2010). This paper focuses on the importance of disabled people in the workplace, the role that legislation has played to stop discrimination, and what can be done to prevent future discrimination. Court Cases and Legal Protection In 1973 Congress passed the Vocational Rehabilitation Act to regulate issues concerning disability...
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...that corresponded with this scenario was ADA or Americans with Disabilities Act. The Americans with Disabilities Act “Provides Protection for individuals with physical and mental disabilities” (Stewart, 2010). Some of the physical disabilities that would fall under this act would be the loss of an arm or leg, or a chronic illness such as cancer or diabetes. A few mental disabilities that would fall under this act would be learning disorders, depression or phobias. It is important that employers provide their employees with the accommodations that are needed to perform their essential job functions. This paper will outline some of the important factors that come along with being ADA compliant such as, the laws in my particular state (Maryland) and how they relate to the scenario, my recommended plan to manage the scenario, justifying my approach on managing the scenario, competitive advantages that may be gained by ensuring HRM practices as well as what might happen if the law is not followed accordingly. The Americans with Disabilities Act (when it comes to employment) ensures that all employees that are experiencing any type of physical or mental disability are being treated fairly and accommodated for their disability under reasonable accommodation. Reasonable accommodation means “an alteration of the work environment that enables a qualified individual with a disability to perform essential tasks” (Stewart, 2010). Employers may have to make certain adjustments for...
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...family without the need to stress that there will not be a job waiting with the same pay. The other part about this that is awesome is the fact that the employee’s insurance coverage stays intact without the need to involve COBRA. This law can also be tailored to the needs of the individual. If they need to have a continuous full 12 weeks, they can; if they need the leave to be split in different blocks of time, they can; lastly, they can take a reduced schedule where they can pair the appropriate number of hours in a day to work or the amount of days in a week they can work. FMLA 1993 applies to Situation A because the employee is asking to be home with his wife and newborn twins and FMLA allows for this time away for a pregnancy. The employer is doing what’s right for the employee by granting the leave for up...
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...In the case where Cheri Crawford, the property manager of Imaginary Apartments terminates Able Joseph for lying about his application raises the question whether an employee should disclose a disability to a potential employer and risk being denied the job opportunity. Further, the case raises the question whether the employer had a right to dismiss the employee after finding out that he suffered from non-epileptic seizures. The facts for the case were; indefinite dismissal for failure to disclose a disability. Able, while applying for the job, stated that he was not disabled and thus required reasonable rather than special accommodation to perform his functions as a secretary. However, one day, Able brought a service dog to work to alert him in case of a seizure. Able explained that he suffered from non-epileptic seizures but was on regular medication to control the condition and thus had not though the issue was a factor in the job application. Crawford gave Able the rest of the day off...
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...basis of race, color, sex, national origin, and religion by the Civil Rights Act of 1964. The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. People with disabilities represent a talent pool that too often goes under- utilized. ”People with disabilities experience discrimination because of negative attitudes regarding their ability to perform work and because of physical barriers imposed by organizational facilities.” (Bohlander) Barriers placed on them undermine their efforts to get an education, find a job, and become a productive member of society. By breaking down some of these barriers the ADA benefits society by enabling it to take advantage of the skills, talents, and purchasing power of this often under-utilized pool of talent. Discrimination against the disabled was first prohibited in federally funded activities by the Vocational Rehabilitation Act of 1973. This act required private employers with federal contracts over $2500 to take affirmative action to hire individuals with mental or physical disabilities. However the disabled were not listed among the classes to be protected from discrimination by the Civil Rights Act of 1964. To remedy this shortcoming Congress in 1990 passed the Americans with Disability Act (ADA), prohibiting employers from discriminating against individuals with physical and mental disabilities and the chronically...
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...Legal, Safety, and Regulatory Paper By: Mary Bell University of Phoenix Professor: Edna Wilkerson HCS/341 Working is a way of life in all cultures. Regardless of where you live, you will find people working hard for various reasons and various responsibilities. Some people work just for a mortgage, car note, car insurance, food, and health insurance. Others may work for less or more reasons and responsibilities. Whatever the reason for working, we can all agree that working is necessary to provide for yourself and also for your family. In most occupations, especially in America, we will find that there are all kinds of legal, safety, and regulatory issues at work in the Human Resource Department. Usually, in the beginning of the hiring process, a manager will instruct the new hire to read all the Code of Ethics, Code of Conducts, and Human Resource Guide which in turn should help to benefit the employee because he/she understands the rules and regulations and can become better equipped with the knowledge gained. In the workplace, we have all sorts of safety issues to watch for. Many of us must watch a video on properly handling packages and bending the correct way when picking up items that are potentially heavy and can injure you if neglecting to follow the safety procedures. We have to make sure that we are aware of the exits in the building, water spills, and ladders being out of place and making sure that we are taking precaution every time we clock in to work our...
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...ADA Nikole Chassagne Employment Law 593 From an ADA policy standpoint and as an employer I would stress to all of my employees that I would comply with the policy and assist them in making sure that all reasonable accommodations would be made in accommodating them in their disability so as to continue their employment. In this instance with Karina as the employee it is not for me to determine her disability, so I would first have her bring in her medical records or doctor’s statement stating what her condition or disability is to determine what course of action needs to be implemented to accommodate her situation. According to the ADA Karina has a valid case and is determined to be disabled under the ADA policy. Since Karina has been forthcoming regarding her condition and has expressed her desire to continue working with the company, as the employer I would try to find the best way to accommodate her request. From this I would speak with Karina to discuss what she feels her capabilities or limitations are to determine whether or not she can continue to fulfill her obligations and how we both can move forward. I would then look into her evaluations and performance over the past years that she has worked with the company, then consider her current job skills and find out whether or not she is qualified for any other open positions (if there are any) in the company so that she could make a lateral move that would accommodate her situation. In the event...
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