The duty to make reasonable adjustments The most important part of the law against disability discrimination is the duty on employers to make reasonable adjustments. Basically this means that, where workers are disadvantaged by workplace practices because of their disability, employers must take reasonable steps, eg by adjusting hours or duties, buying or modifying equipment or allowing time off, so that they can carry out their job. “The first requirement is a requirement, where a provision, criterion or practice of A’s puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take in order to avoid the …show more content…
The employer’s resources A large employer with substantial financial resources is more likely than a small employer to have to make adjustments which are very expensive. If a shop or restaurant is part of a chain, the resources of the whole chain will be taken into account. An employer cannot hide behind a set budget. All relevant factors will be considered in each case. In fact, reasonable adjustments often involve little or no cost or disruption. Available grants from the Access to Work Scheme The Access to Work programme is administered through Jobcentre Plus and may provide grants towards the cost of various adjustments. Many employers are unaware of the existence of Access to Work. Workers are eligible if they have a disability or health condition which affects their work and is likely to last for at least 12 months. It applies to any paid job or interview for that job, whether full-time or part-time, permanent or temporary. It does not matter whether they are already in a job or about to start. The programme may provide a grant towards various adjustments including adapting premises; adapting or purchasing equipment; providing readers or interpreters; and additional travel costs to
The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.
The Act requires public bodies to promote equality of opportunity for disabled people, and also gives rights to them in areas such as employment and education;
Disability Discrimination Act (1995) and (2005)- The DDA bought in to support the rights of disabled people to take a full and active part in society. It gives them equality of access and the same opportunities to participate in society as a non-disabled people. This important piece of legislation gives disabled people rights regarding the way in which they received services, facilities or goods. This also included education, care and play services. A disabled person is someone who has a physical or mental impairment that affects their ability to carry out normal day to day activities. This will be long-term.
The Equality Act sets out the different ways in which it is unlawful to treat someone, such as direct and indirect discrimination, harassment, victimisation and failing to make a reasonable adjustment for a disabled person. The act prohibits unfair treatment in the workplace, when providing goods, facilities and services, when exercising public functions, in the disposal and management of premises, in education and by associations (such as private clubs). The equality act will for instance impact on my role as manager with regards recruitment. You will need to ensure that my job specification does not discriminate against particular groups of applicants. When processing applications you should concentrate on an individual’s abilities to do the job, not their disabilities. Make adaptations to accommodate individual’s differences e.g. working hours, special equipment needs etc.
It requires reasonable adjustments to be made in various areas, so that disabled people are not being discriminated against. The human Rights and Equality commissions assist that individual to up hold their rights as set out in the DDA. The Act covers all four main areas such as; transport, housing, education and employment. Also it is unlawful under the DDA for an employer to treat a person with disabilities less favourably that someone else just because of their disability. The DDA provides a legal protection from any discrimination in employment, access to buildings or transport.
“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
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).
The disability can range from any form of walking, talking, seeing, hearing, and learning. This law also extends to persons diagnosed with HIV or AIDS as well any person who has completed drug and alcohol rehabilitation. This law was enacted to protect people with disabilities and provide them with employment opportunities. All organizations within in United State of America must provide these disabled employees with various accommodations such as elevators, access lamps, and telephones with hearing impaired equipment. If an organization does not comply with this law they maybe subject to civil penalties such as $55,000 for the first violation or $110,000 for each subsequent violation. If cited for major noncompliance the organization could cause warranty compulsory and punitive damages (United State Department of Labor,
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.
On 1st October 2010, the main provisions of the Equality Act 2010 came into force. It is a major simplification of discrimination legislation that makes the law easier to understand and comply with and delivers significant benefits for business, public bodies and individuals. It provides a new legislative framework to protect the rights of individuals and equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society. In April 2011 provision for recruitment and promotion will be brought in and likewise over the next year other provisions will be discussed and brought in; provisions relating to auxiliary aids in schools, to name one.
they can perform the essential functions of their positions if doing so does not cause a direct threat to these individuals or others in the workplace. Furthermore, Electronics Are For You will not reasonably accommodate an individual if the threat cannot be resolved by reasonable accommodation and/or it creates an undue hardship to the organization. Individuals should contact HR
Disability Discrimination Act 1995 - This act describes a disabled person as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities", which has or can be expected to last for more than 12 months. Conditions that impair an individual's abilities in this way include those that hamper mobility; manual dexterity; physical co-ordination; continence; the ability to lift; carry or move everyday objects; speech; hearing or eyesight; memory or ability to concentrate, learn or
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,
Under Title I of the Americans with Disabilities Act, employers with fifteen or more employees are prohibited from discriminating against people with disabilities. Furthermore, the employment provisions of the Act require that employers provide equal opportunity in selecting, testing, and hiring qualified applicants with disabilities, job accommodations for applicants and workers with disabilities when such would not impose due hardship, and equal opportunity in promotion and benefits. (United States Department of Labor). If an employer is found liable for such discrimination, the fines can be extremely high. Therefore, it is important to know the definition of disability as determined by the ADA. A disability is a physical or mental impairment that essentially limits one or more of the major life activities of an individual, a record of having such impairment, or being regarded as having such impairment (Bennett-Alexander and Hartman) and the individual should be able to prove such factors to establish a prima facie case in court. Despite of these definitions, a disability is determined based on the effect the impairment
In relation to the situation, the following data is also pertinent: “Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.