week 2 discuss

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Independence University *

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3045

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Law

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Apr 3, 2024

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docx

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2

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When it comes to the Americans with Disabilities Act (ADA), it prohibits discrimination against individuals with disabilities in various areas, including employment. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. It also includes individuals who have a record of such impairment or are regarded as having such impairment. In assessing whether the candidate in a wheelchair can perform the essential functions of the job, the employer should focus on the individual's qualifications, skills, and ability to carry out the necessary tasks. It's important to consider whether reasonable accommodations can be made to enable the candidate to perform the job effectively. Reasonable accommodation is a key aspect of the ADA. The law requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless it would cause undue hardship. This means that employers should make adjustments or modifications to the work environment or job duties that would enable the individual to perform the essential functions of the job. EECO vs. The Home Depot/Home Depot, U.S.A, Inc is the court case that I am choosing. In this case it states that Home Depot did not "provide an emergency break to an employee with irritable bowel syndrome and fibromyalgia at its Peru, III., store. Instead of accommodating the employee, Home Depot fired her for allegedly violating company policy by leaving her post unattended (U.S Equal Employment Opportunity Commission, 2018)." This violated the ADA, because this required for all employers to provide the reasonable accommodations to all of the employees that may have a disability. August 16, 2018, the disability discrimination and retaliation was prohibited at Home Depot's Peru store. Home Depot was ordered to pay a relief of $100,000. Home Depot was required to have training done on the ADA for every manager, supervisor, and human resources for the store in
Peru. This was showing them how to be able to accommodate anyone who has a disability. Home Depot had to talk to all of their employees regarding their rights about the ADA. Home Depot was asked to keep a record of anyone who was in need of being accommodated because of a disability that they may have. They were also told to report the complaints that may arise at the store and to report to the EEOC at least every six months (U.S. Equal Employment Opportunity Commission, 2018). This cased showed me just how the lack of knowledge that these companies have about people with disabilities is just so sad. These companies handle people with disabilities so improperly. All the company had to do was make the proper accommodations for the employee so that they could have avoiding being sued and paying all that money out. They didn’t have to fire her, because she had a condition that she could not control. Every person on this earth has to right to work. No one should be discrimination against because they have a disability. I feel that all companies should have a review done with all employees whether they have a disability or not References U.S. Equal Employment Opportunity Commission (EEOC) Strategic Plan for Fiscal Years 2018-2022 . (n.d.). US EEOC. https://www.eeoc.gov/us-equal-employment- opportunity-commission-eeoc-strategic-plan-fiscal-years-2018- 2022
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