Neenah Paper Inc. Case Study

The next story is about an employment discrimination based on disability. A disability is defined as a lack of physical, mental or social fitness; something that disables, a handicap. (Reader Digest Webster Canadian Dictionary and Thesaurus) This story started at Tim Hortons Canadians favourite coffee chain was ordered to pay a formal employee $12,500 plus three months’ worth of wages lost to Joanne Ko-Csonka. Joanne who was a former restaurant designer was fired. (Friscolanti, 2014) She was fired because she suffered from a legitimate medical issue that forced her to miss work. (Friscolanti, 2014)The first medical leave happened in late 2010 which was a month long. She underwent surgery for a potentially cancerous conditions. (Friscolanti,

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).

Some history on the case, Francis started working with Elsevier in 1991. The role of his employment was that of a production assistant. After a while, he was rehired after a company restructuring in which his new position was that of an associate database publishing editor. The main problem of the case concerns his wife's condition, amytrophic lateral sclerosis. Due to her condition he considered his potential rights under the Family Leave Act with a human resources representative from the company. A boss change led to him being interviewed with a new supervisor where he discussed his wife's condition. Shortly after he was dismissed. "Randall Francin had worked at Mosby, Inc., for twelve years before his wife was diagnosed with amyotrophic lateral sclerosis (LouGehrig's disease). "(Cross & Miller, 540) I believe if Francin's wife's condition was not discussed his performance would not have come into question. From the evidence presented especially after the appeal, I believe he was unlawfully terminated considering the close timing of his dismissal after it was known of his wife's condition.

In the Echazabal v. Chevron U.S.A., Inc, Mario Echazabal worked for independent contractors at an oil refinery owned by Chevron U.S.A. Inc. He later applied for a job directly with Chevron, the company's physical examination revealed he had a liver condition, the cause identified as Hepatitis C. The doctors provided by Chevron told him that the condition would get worse by continued exposure to toxins at the refinery. As a response to Chevron's request that the refinery either reassigned him or laid him off. The contractor employing him laid him off. Echazabal filed suit, claiming that Chevron's action violated the Americans with Disabilities Act of 1990

Echazabal, it was argued that a worker was being discriminated against because of his health prerequisite. Under the ADA it states that employers may not discriminate against someone who is disabled but qualified to do a job. The worker, Mario Echazabal, was going to be hired under the circumstances that he would pass a physical. And that’s where things went south because he had a very bad case of Hepatitus C. Which clearly makes him fail a physical because it can be very life threatening. Chevron then asked the boss to end his assignment or find him a better environment to work in. Echazabal was terminated so he decided to take Chevron to court. Chevron claimed that Mario risked his life even more by working around the toxins in the plant. Mario Echazabal feels that it was his decision to make since it is his health at stake. He lost the first time and won at the U.S. Circuit Court of

In the case of Pedigo v. P.A.M. Transp., 891 F. Supp. 482, 485 (W.D. Ark. 1994), rev 'g, 60 F.3d 1300 (8th Cir. 1995), “The court advised that the ADA as it was being interpreted had the potential of being the greatest generator of litigation ever. Also, that the court doubted whether Congress, in its wildest dreams or wildest nightmares, intended to turn every garden-variety worker 's compensation claim into a federal case. Based on statistical data from the Equal Employment Opportunity Commission (EEOC), from the time the Americans with Disabilities Act on July 26, 1992, enacted to FY 1996, 71,977 individuals had filed disability charges . From FY 1997 to FY 2015, 376,658 individuals had filed disability charges . Reviewing the

Approximately 56.7 million people in the United States have a disability—a statistic that has increased by 2.2 million people within the past five years—which breaks down to about 1 in every 5 Americans. Of those with a disability, only 41 percent are employed. Unsurprisingly , the EEOC estimated that they received around 89,385 individual charge filings in 2015. More specifically, there were 26,968 charges filed under the Americans with Disabilities Act of 1990 (“ADA”) alone last year. Many employers seek to avoid liability for employment discrimination by asserting the direct threat defense. By showing that an individual poses a direct threat that cannot be eliminated through reasonable accommodations, an employer can defend against a discrimination charge and potentially avoid liability altogether.

The Alberta Court of Appeal affirmed the Tribunal’s decision. At issue was whether the Tribunal’s analysis was consistent with the three-part test from Moore for prima facie discrimination, where complainants must show that they have a characteristic (disability) protected under the Human Rights Act; that they experienced an adverse impact (termination); and, that the disability was a factor in the termination of employment.

Most white people grow up in predominately white neighborhoods and attend schools with white classmates being taught by white teachers with topics chosen by white men. Not being exposed to more cultures and races creates a misjudgment of other groups. By the age of 3 we learn the concept of racial order and being white is the best race possible. Diversity in the workplace and intellectual diversity relating to human resources is important to look at with people’s upbringing. In human resource departments it is important to include diversity training to create a good environment in the workplace. This training will help minimize discrimination and harassment lawsuits. By creating an accepting environment, the employees can learn to work with employees that have differences. This can improve the efficiency in the workplace and improve the brand. This expectation of the company can be a psychological contract with the employees that they will follow these expectations. The three components involved in diversity training is legal awareness which has to do with the legal implications that could come along with discrimination. cultural awareness is the second component that helps the employees understand the differences in the world and learning to appreciate differences in peers and other employees. Lastly is sensitivity training that deals with emotions and empathy in the workplace. This is probably

The Americans with Disabilities Act (ADA) of 1990 would have been applicable to the Cronan case if it had been passed before 1985. The major provisions of the ADA prohibit discrimination against the disabled. Under the ADA disability is defined as “any

The subject of the discrimination facing the man ensues from his disability. In addition, the man claims that the organization denied him a reasonable accommodation as three of his left hand fingers were missing (Reed 1).

This may be the contemplation of demotion or firing or even a lack of understanding on the employer’s part, as seen with the AT&T plaintiff. Federal law cannot protect against marginalization, causing a feeling of unimportance in the workplace to disabled employees because of the unwillingness of acceptance of employers. This lack of acceptance only goes to prove that no matter what effort is put forth by disabled workers, they will never experience the esteem-boosting compliment or praise of their employer that is so generously provided to their able-bodied colleagues. Moreover, the physically disabled are marginalized in the workplace before they are even employed. United States law requires employers to make accommodations to the area or external features of an office if hiring a physically disabled employee. According to the United States Office of Disability, “Employment activities must take place in an integrated

On January 2015, the Company responded to a Charge of Discrimination filed by a former employee alleging discrimination on the basis of age and disability. The Charging Party alleged the Company failed to accommodate her disability (low vision) and that the Company discriminated against her because of her disability and terminated her employment due to her disability. The Charging Party struggled to perform her job duties at an acceptable level despite repeated coaching, several Oral Reminders and a Written Reminder and finally terminated repeated for poor performance involving mishandling of safety calls. On Dec. 10 the Company was notified that the State of Wisconsin, Department of Workforce Development, and Equal Rights Division accepted

Over the years, the workplace has experienced several instances of discrimination. In attempt to stop the discrimination, Title VII was passed. Although Title VII helped employers in terms of race, color, gender, religion and national origin, those who had disabilities continued to face the frustration of disability barriers in the workplace, given disability was not one of the listed protected classes. Employers abstained from hiring the disabled in fear of them not being able to perform at the same level as the other employees or the attitudes of such employees towards the disabled workers. Of course, there was some legal protection against discrimination: The Vocational Rehabilitation Act of 1973, but this law only applied to employees

As time goes by, it seems like the world is becoming smaller and smaller. We can instantly talk to someone halfway across the world and easily visit almost anywhere on the globe. Having this ability helps us to meet different types of people every single day. I think diversity is a beautiful thing, as it unites all types of people regardless of their differences. One of the areas where diversity can also be seen is in the workplace. Having a diverse culture in the workplace is wonderful, however, not everyone would agree with that statement. There are far too many cases of mistreatment and/or discrimination in the workplace that goes unnoticed, and sometimes, if identified, is mishandled or simply ignored. Whether it’s due to ethnicity, gender, age, or religion, there are those who cannot accept change in the workplace or in their personal lives, so they make it hard for those that are different from them.