Disability Cases

Maples and Calder was originally called MacDonald and Maples. It was founded by two men named Jim Macdonald and John Maples. Jim MacDonald retired a short while later after the development of the original company. Douglas Calder then joined as a partner to the growing and advancing company. The name of the law firm changed from MacDonald and Maples to Maples and Calder. Maples and Calder is now commonly referred to as simply Maples.

“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity

"Disability: Employers are prohibited from engaging in discrimination against qualified individuals with a disability by the Georgia Equal Employment for People with Disabilities Code, The Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990. A "qualified individual with a disability" is an individual who possesses the requisite skills, experience, education, and other job-related requirements of the position and who can perform the essential functions of the job with or without reasonable accommodation. An "individual with a disability" is a person with a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment or is regarded by the employer as having such an impairment." (State of Georgia, Secretary of State, 2012)

Equal Employment Opportunity Commission (EEOC) enforces the federal laws that make it illegal to discriminate against a job applicant or employee. An employer cannot discriminate due to a person’s color, religion, race, gender identity, sexual orientation, pregnancy, national origin, age (40 years or older), genetic information or disability. This applies to wages, harassment, training, benefits, hiring, and firing. EEOC’s role in any investigation of discrimination is to accurately and fairly take in the information of the charge and then make a finding. If the EEOC found that there was indeed a discriminating case then they will try to settle it. If the employer does not settle then the EEOC may file a lawsuit. (Overview.

People with disabilities suffer discrimination such as the refuse of companies to hire those peoples. An estimated 386 million of the world’s working-age persons have some kind of disability, according to ILO. In a recent research, they found that two-third of the unemployed and disable persons said that they would like to work but they could not find jobs.

The ADA was approved by the United States Congress in 1990 and is an extension of The Civil Rights Act of 1964. This law protects individuals from employment discrimination based on disability. “The purpose of this section is to ensure that people with disabilities are not excluded from job opportunities or adversely affected in any other aspect of employment unless they are not qualified or otherwise unable to perform the job” (Guido, 2014, p.277). Not only the disability can be physical such as a person in a wheelchair, people that might have visible symptoms as fatigue, kidney or heart diseases that limit a person's attitude. In this case the employer must evaluate to offer a reasonable accommodation in the preparation for the employee

According to press releases and Equal Employment Opportunity Commission (EEOC) lawsuit or settlement section the agency’s current priorities seems to be centered around cases where discrimination has occurred. Discrimination in the workplace is subject to federal laws as enforced by the EEOC and is strictly prohibited when based on an individual’s age, gender identity, race, religion, sex, skin color or sexual orientation (EEOC, n.d.). In order for enforcement of federal laws to take place, all claims have to undergo the EEOC complaint process. Once a discriminatory incident has taken place, then the next step is for a complaint to be file at the local or state EEO agency. Once that has occurred a investigation is initiated and ruling of the case has to be made within 180 days from the date it was initiated. If the complainant is unhappy with the ruling then they have 30 days from the ruling date or up to 300 days from the occurrence of the act to file a formal complaint with the EEOC (Mello, 2015).

According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.

It is illegal to harass applicants or employees because he or she has a disability or had a disability. The law put strict limits on employers when it comes to asking applicants about their medical history. A pre-employment inquiry about a disability is only required when required by another Federal law or regulation such as those that cover disabled veterans and veterans of the Vietnam era.

Mediation and Conciliation- Under 42 U.S.C. 2000e-5. EEOC has to offer the employer (respondent) and complainant (you) and opportunity to resolve or settle charges of discrimination through an informal and voluntary conference before bringing the matter court. Let your investigator know that you want to be present during the Conciliation process. The conciliation process requires Both parties to come together and develop an appropriate remedy and agree on a financial settlement for the discrimination charge(s). If you are NOT made a part of the Conciliation immediately contact the director of in your area complain and request the case to be reopened within 14 days.HERE

Individuals with disabilities continually encounter various forms of discrimination, including intentional exclusion from certain work areas, that denies them the opportunity to compete on an equal basis and to pursue those opportunities that guarantees success in the society. To guarantee success there is expectation regarding the relationship between the employer and employee, giving close attention to the various factors that should be considered to make the person with disability successful. This paper outlines the Americans with Disabilities Act (ADA) and the terms and conditions covering employees and employers as stated in Title 1. Title 1, as amended by the ADA amendment 2008, states that no covered entity will discriminate against a qualified individual based on disability (EEOC, 2015).

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

Department of Justice, American Disabilities Act, 2012). The law also protects the disabled from being discriminated from an employment opportunity due to their disability.

According to Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act. Reasonable Accommodations in terms of ADA means modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without (2002) Reasonable Accommodations is a big part in ADA, Those with a disability should have the neccessary tools in order to get on same level playing field as those with out a disability. This rule helps them reach equal benefits and have the same privledges as others. A person with a disability should have the same shot of eployment with a company as someone without a disability. This rule

Direct discrimination is the place you are dealt with less positively in view of your inability than somebody without a disability would be dealt with in similar conditions.