Reasonable Accommodation Definitions

To begin with, this essay intend to talk about some legal definitions, since what REASONABLE exactly doesn’t possess the same meaning under different circumstances. Though, not all of these definitions would be mentioned in the following content of this essay.

The Americans with Disabilities Act provides civil rights to those who are disabled. The ADA guarantees equal opportunity to those individuals who are disabled in the work force and with the state and local government. The ADA will ensure that people with disabilities are not discriminated against when it comes to hiring, firing and advancements. The employer must provide certain accommodations for those with disabilities, but only if it does not cause them undue hardship.

5. Not making a reasonable accommodation for the disabilities of employees or denying employment opportunities to them because of the duty to accommodate their disabilities.

A detention is reasonable when the detaining officer can point to specific articulable facts that, under the totality of the circumstance, provide an objective basis for suspecting the particular person detained may be involved in criminal activity. (People v. Souza (1994) 9 Cal.4th 224.) As such, an investigatory stop based on mere curiosity, rumor or hunch is an unlawful seizure, even though the officer may be acting in good faith. (People v. Clair (1992) 2 Cal.4th 629.) Nonetheless, reasonable suspicion cannot be justified after the fact by evidence of criminal activity uncovered during the course of the detention. (People v. Gale (1973) 9 Cal.3d 788.) Moreover, mere proximity cannot be enough to create reasonable suspicion because proximity

The Americans with Disabilities Act of 1990 established a standard to “public accommodations” requiring businesses to make “reasonable modifications” to the usual

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).

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.

A reasonable accommodation is a modification or adjustment to a job or things related to someone’s job that allow an individual with a disability to perform the essential functions of the position as long as it does not present too much of a hardship to the employer. For example, an employer must make existing facilities used by employees readily

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,

Employers should focus on all aspects of the purpose of a disability management program to ensure its effectiveness; such as, a people focused climate, prevention, early intervention, work accommodation, return to work case management and coordination, proper education of management regarding the disability management program, and an integrated claims management monitoring system. (Management of Occupational Health and Safety, 2011, 331-337) A company should also ensure that they are promoting a safe work environment and also keep all stakeholders active in the management of the program.

THIS IS JUST TO MAKE NOTE OF WHAT WAS SAID AND TO HAVE A POINT OF REFERENCE FOR FUTURE REQUEST…

    A person with a disability, or handicap, can be defined as someone with a physical or mental impairment, which has a substantial or long-term adverse affect on his or her ability to carry out normal day-to-day activities (Employment 2). Handicap workers face many challenges in the work place that the average person overlooks. Also, many special arrangements and alterations have been made to the workplace for people with handicaps. Accessibility, transportation, workload, and salary are just some of the many issues that must be considered with the prospect of employing the handicap.

be protected by the A.D.A. this person must have a long standing record of this

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

When the disability and/or the need for equipment and/or accommodation are not obvious, the employer may ask the disabled individual for reasonable documentation about his/her disability and functional limitations. The employer is entitled to know that the disabled individual has a covered disability for which he/she needs a reasonable equipment and/or accommodation.