...2011 Denise R. Holcomb, MA Legal, Safety and Regulatory Requirements This paper examines the Americans with Disabilities Act (ADA) of 1990 and the effect it has had on the human resources Process. In order to understand the effects the ADA has had on the human resource process, it is first important to understand what the Americans with Disabilities Act of 1990 is all about. According to Human Resources IQ, “the ADA is a federal anti-discrimination law which 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, job training, and other terms, conditions, and privileges of employment” (Human Resources IQ, 2011). Human Resources IQ further explains that “this law covering employers with 15 or more employees is designed to remove barriers that prevented qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. When an individual’s disability creates a barrier to employment opportunities, the ADA requires employers to consider whether a reasonable accommodation could remove the barrier” (Human Resources IQ, 2011). To further understand this law it is important to understand that the ADA defines what an individual with a disability is according to the U.S. Equal Employment Opportunity Commission, “1. Has a physical...
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...Are Accommodations Ethical or the Law? Abstract This paper will cover various accommodations at the work place and explain how the Americans with Disabilities Act (ADA) relates to this. It will analyze each listed disability and evaluate whether the accommodation would be ethical or legal. Ethical Accommodation Decisions Decisions in business occur every day. Some large and some small, some may be very valuable and others rather meaningless. Some decisions have to be made that have an effect on workers with disabilities. In many cases the Americans with Disabilities Act lays out some guidance. On July 26, 1990 the Americans with Disabilities Act (ADA) was officially signed in Congress and modified with updated in June 2008.. That was not the beginning of the movement for disabled employees and parents with disabled children to challenge barriers in society. People started challenging various obstacles on a case by case basis well before the official signing in 1990. They challenged various organizations by petitions and marches. Eventually the ADA was signed and Americans with disabilities are recognized as a society. It is every manager’s duty to manage employee performance, but when there is a disability that hinders that, how do we act? According to the ADA employers have certain legal responsibilities to an employee with a disability. ADA defines a disability as “an individual who has a physical or mental impairment that substantially limits...
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...History of the americans with disabilities act Joey Lahman [Company name] [Company address] History of the americans with disabilities act Abstract For years, individuals with uncontrollable disabilities have been discriminated against in education, employment, and public services. I have gathered information pertaining to the Americans with Disabilities Act to better educate those with disabilities and employers alike. I have found that even with the Act in place the number of discriminatory complaints regarding disabled people continues to rise each year. I recommend that employers make a better, conscious effort to employ and accommodate those who are disabled. Joey Lahman MGMT 339 – Cross Cultural Management Research Paper History of the Americans with Disabilities Act The Americans with Disabilities Act was first introduced to Congress in 1988 and was officially signed into law at the White House, during a signing ceremony on July 26, 1990 (dredf.org). However, the need for the Americans with Disabilities Act began long before that in cities all over the country. When individuals with disabilities and parents of children with disabilities began to fight for equality in their communities. The first step towards the Americans with Disabilities Act was the establishment of small groups that would advocate for the rights of the disabled and the Independent Living Movement, which “challenged the notion that people with disabilities needed to be institutionalized...
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...Plan Michelle Houston HRM/531 November 26, 2013 Joann Spurlock Memorandum To: Traci Goldman From: Michelle Houston Date: November 26, 2013 Subject: Employment Laws Regarding your request, my task is to design an employment law compliance plan for Mr. Bradley Stonefield. To the best of my knowledge Mr. Stonefield is planning to open a LimousineCompany located in Austin Texas. The company will consist of 25 employees during the first year. The memo will discuss employment laws and explain how each of the laws will be applied to the company. This memo will also discuss the penalties of noncompliance of the different laws. There are certain laws a company should abide by to remain in compliance. If at any time these laws are not followed by the company this can lead to several consequences. In this memo four employment laws will be discussed in detail. They are as follows American with Disabilities act of 1990, the age discrimination in Employment act of 1967, Family Medical Leave Act, and Texas Payday Law. The Americans with Disabilities act of 1990 The Americans with Disabilities Act excludes any company from discriminating qualified people who have a disability. This law protects people with many disabilities. The disabilities could consist of anything such as walking, talking, seeing, and learning. This law also protects anyone who have been diagnosed with HIV or AIDS, and anyone who has enrolled or successfully completed a drug or alcohol...
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...Legal Protection Provided against Disability Discrimination — Evaluation of the Appropriateness of the Disability Anti-discrimination Laws Name Institution Date Introduction The evolution of the world has been accompanied by a number of social developments. Some of these social developments have included equality policies, and as far as disability is concerned, this has been one of the critical areas of concern[1]. The concern has been extended in a number of areas, especially jurisprudence. The rationale is that people with disabilities have often been condemned to contend with discrimination, a social injustice. On the other hand, jurisprudence is as an avenue of guaranteeing justice for all. Various legal steps have been developed, including the formulation of laws. This paper seeks to examine the outright nature of these steps in taming disability discrimination. Disability anti-discrimination laws Central to the disability anti-discrimination legal steps are the legal stipulations underlying the Universal Declaration of Human Rights and bill of rights, which have often served as a framework for inequality policies. In particular, the universal Declaration of Human Rights is considered as a common standard for achieving social justice for all people across the world. What is well noticeable from all the articles in the Universal Declaration of Human Rights is the emphasis for treating every person...
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...of ADA and Affirmative Action Paper Discrimination in the workplace has been an issue for as long as I can remember. Although the Civil Rights Act of 1964 forbids employers from discriminating against individuals because of their race, sex, age, and/or disability, many employers still exhibited this type of behavior during the hiring process. President Lyndon B. Johnson enacted an executive order that required government employers to not use hiring practices that exhibited discrimination in 1965. The American Disabilities Act (ADA) was put into place years later to protect those with disabilities. All of these were efforts to promote equality in the workplace, among other places; although the laws may protect certain individuals from discrimination, others may be discriminated against as a result. The paper’s intent is to provide insight regarding my feelings towards the American Disabilities Act (ADA) and Affirmative Action. What is sometimes meant for good can also result in something bad. American Disabilities Act (ADA) President George H.W. Bush signed the American Disabilities Act (also referred to as ADA) in 1990. The ADA intended purpose was to protect those with disabilities from discrimination in transportation, employment, communication, and different cultural opportunities. Under this law, employers are forbid to discriminate in many different areas such as hiring, lay-offs, and job assignments because of one’s disability. Disability is defined by the ADA as “a physical...
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...Attitude, Legislation, Litigation Mandi Leon SPE: 226 Ashley Barkel 10/28/2013 Over the years there have been people who are scared of those who have disabilities, with these scares many people who had disabilities were looked upon as if they were monsters. Since people were scared of people with disabilities, the 1650 Connecticut code was implemented which would mean that the developmentally delayed were not allowed to wed and horrible things were done to them up to and including sterilization. As a society we have come a long way from that. Now there are laws that protect these individuals from such horrifying things, some of the legislations are called the ADA (American with Disabilities Act), IDEA (Individuals with Disabilities Education Act), and IEP (Individualized Education Program). Currently with all of these available resources our exceptional students have an advantage more now than they ever have. The expectations of teachers to be able to teach these students the skills that are necessary to survive in this modern world are being threatened by the current government issues, putting our special educational needs in danger. Now with all this knowledge and, when people encounter other individuals with disabilities they are no longer scared of them. There is more understanding and compassion for them. Our disabled children now have a voice where they did not before. Many years ago our special children that were in need of more than just...
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...To gain a better understanding of how acts of congress are formed from inception to enactment there are various methodologies one can use. For this paper I will be using the Analytical Framework methodology as described in our class textbook, The Struggle for Democracy by authors Edward Greenberg and Benjamin Page. The congressional act I’ve chosen to explore is one of great importance to all working Americans. The Family and Medical Leave Act of 1993 specifically deals with the need of our nation’s workforce as it relates to work/life balance. The purpose of this paper is for the reader to gain an understanding of how the Family and Medical Leave Act of 1993 came to be signed into law by providing the context of why the need for such a...
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...Employment Law: HR Policy As the new Vice President of Human Resources (HR) for A Wonderful Place to Work, it has come to my attention that employees feel the organization does not care for them. Upon further analysis of the HR department, I have learned that there are currently no policies or procedures in place on numerous areas such as: how performance is measured, how employees are held accountable, recruiting, hiring, and terminating; nor is there any tracking on labor cost, raises or salaries, absentees, tardiness, or diversity within the organization. The President of the firm expects the HR department to turn the firm into a strategic weapon through its employees. This paper will outline how the organization can be turned around and have a competitive advantage over the competition through engaging employees. It will further outline how to measure employee value, to include utilizing employee value to become more competitive. Understanding employment laws and regulations is crucial when developing organizational policies, careful attention must be given to ensure policies do not violate laws such as: The Civil Rights Act (1964), American with Disability Act (1990), and that all employees are treated fairly. Furthermore, this paper will address the issues and challenges the HR department will face to ensure a the HR department is working strategically, how to develop a strategic management process and the steps and processes needed to strategically manage a diverse...
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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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...the pool will have no problem because they have a pool lift. I noticed that they have lowered all of the hand sanitizers and paper towel machines so that they are accessible for people in wheelchairs. While on the visit to LA Fitness I noticed that they don’t have any TDD phone or phones that is hearing aid compatible. I also noticed that they don’t have much room in between the machines, there for people in wheelchairs can’t get easy access to all the workstations. If they can’t get to all the workstations they won’t get the full experience of the gym. Accessibility Recommendations LA Fitness is a very assessable building for disabled persons but there are some things that they can fix. 1. Spreading out the machines so it will be easier for people in wheel chairs to get around, and use all the machines. 2. They should have a phone replaced with a hearing aid compatible phone. 3. They should also place a planter or other cane detectable barrier on each side at floor level because the water fountain is undetectable by cane. Global Review of Disability and Accessibility Kenya introduced an Act in 2003 called the Persons with Disability act. This act is very similar to our Americans with Disability Act. Kenya only had rights for disabled people for eleven years, and the ADA has been effect for twenty five years. After looking through Kenya’s disability rights I noticed that there is a lot of influence from the United States. In Kenya all disabled persons can be exempted from...
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...head: Labor and Employment Law Labor and Employment Law As a Human Resource Director for Company X, I come across situations every day that challenge my decision making. These situations need to be handled in a delicate matter to make sure that the company is following the guidelines that are setup and established by the federal government to make sure that companies and employees are treated fairly. I would like to discuss three situations that recently have challenged my leadership as a Human Resource Director and show the diversity of the laws and why they were created and how they work. Situation A – FMLA The first situation I am about to describe is an unfortunate set of circumstances, but the law is very clear and the company position is easily seen. Therefore, it was not hard for me to make this decision. The employee was presented with a difficult family situation his twin children were born premature. He made the decision to take leave from work to attend to his spouse and the needs of his family. This is ok and totally understood by the company. Here is where the unfortunate part comes, the department manager at the time agreed to the let the employee take a leave of absence, but the proper paperwork was not filed for Family Medical Leave Act. Now to complicate matters worse, the department manager that was in charge of this employee left during the employee’s leave. Eleven weeks have gone by and the employee wants to come back...
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...of business decision problems, both with and without data uncertainty. Linear and integer programming optimization models. Elementary applied probability modeling and Monte Carlo simulation. COURSE MATERIALS Required Textbook(s): Introduction to Management Science, 11/E (Available in Book Store) Bernard W. Taylor ISBN - 10: 0132751917 ISBN - 13: 9780132751919 Course items in Blackboard LEARNING GOALS AND OBJECTIVES LGO1. Students will understand and be able to apply Key quantitative techniques essential for analyzing and improving business operations A. Students will be able to use spreadsheet modeling of business decision problems, both with and without data uncertainty in preparing assignments, projects, or term papers in other courses in the functional area business disciplines as well as in research projects in the workplace. B. Students will be able to employ spreadsheet software (e.g. Microsoft Excel) as a tool to assist in the solution of business problems. C. Students will have an awareness of ethical issues in conducting research, in optimization problems and in the presentation of results. LGO2. Students will be able to understand risk from the perspective of Elementary applied probability modeling and Monte Carlo simulation. LGO3. Students will be familiarized with model - building for purposes of Optimization and forecasting using modern linear and convex optimization techniques and Monte Carlo simulation methods....
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...Workplace This paper will provide a clear understanding of the following question. Has litigation replaced common sense and compassion in the workplace? When reaching this topic I found that the National Center for Preventive Law has provided information stating that society has a heightened awareness of and acceptance of lawsuits. The workplace currently has the need to address drastic changes in society and employment law which have prompted increased litigation. In the last decade the shift to employment at will has increased. I disagree with the statement that common sense and compassion has been replaced with litigation in the workplace. Legal There are laws that prevent employer from saying and doing things to employee that is not lawful and legal. Generally, the laws that protect an employee’s rights arise from three sources. Those contained in an employment contract that the employee has signed and dated. Laws that arise under common laws these laws are called judge-made laws and statutory law these are the laws that are passed by a legislative body. In limited circumstances an oral employment contract can also provide an employee with an cause of action. In my research I found the following laws allow employer to work effective under the following laws that have been implemented. Age Discrimination in Employment Act -- prohibits discrimination by employers on the basis of age. Americans with Disabilities Act -- prohibits discrimination...
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...Asian Pacific Americans are portrayed in the media in a variety of contradictory stereotypes, ranging from the "model minority" at the head of his or her class in school, to the non-English-speaking welfare recipient who is a "drain on the system." Asians are also characterized in film as unscrupulous businessmen and cruel mobsters, or as compliant, submissive and exotic. One-dimensional portrayals, coupled with the absence of accurate images and positive role models, obstruct public understanding of the Asian American community, which can contribute to an anti-Asian climate. Despite the diversity among Asian Pacific Americans, they are often misperceived as a monolithic group. Thus, even though an act of anti-Asian sentiment might be perpetrated with a particular ethnic group in mind (e.g., Indian, Filipino or Korean), a failure to make distinctions between Asian Pacific American ethnic groups causes members of all groups to become potential victims of hate crimes. Hate incidents are expressions of hostility based on race, religion, ethnicity, gender, sexual orientation or disability. Hate incidents are not illegal. They may take the form of name-calling or using racial slurs, hate speech, the distribution of racist leaflets or other disrespectful behavior. Hate crimes are defined by federal or state statutes. A hate crime occurs when a person commits an act such as assault, battery, criminal damage to property, criminal trespass to property or mob action because of the victim's...
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