SPD Tigard Worker: Case Study

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.

This is not a complete list of the types of discrimination found in the workplace, there are other forms of workplace discrimination prohibited by the ADA. However, one form of workplace discrimination; the failure to reasonably accommodate the disabilities of applicants and employees, applies to all stages of the employment process. An accommodation is any change in the workplace environment or in the way things are done in the workplace that gives individuals with disabilities equal employment

“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

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

My reason for saying that is there is really no indication as to how qualified the applicant was for the actual job. A question that immediately came in to my mind was if the applicant was a good fit for the job? If she did not need the modifications in the office would she be hired? Were there more qualified applicants? I know this scenario was put in place to display and make us students analyze the Americans with Disabilities Act of 1990 but personally just because you have a disability does not mean you should be granted a job and vice versa. Honestly this is a very broad scenario that focuses on the handicap and not the actual talents of the person.

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).

May 13, 2016, I forgot my badge and I called her cell phone, and asked if she could open the door for me. Sherri came and open the door, asked me what is it I want to do after school. I was like I am not sure, Hennepin County will have an influx in jobs, due people retiring, Sherri’s comment to me was that there is no “room for you to grow” in MHP and that you should look for work elsewhere. And that she (Sherri) asked if I “lied in my job application” with regard to how much you were making before you came to MHP. Initally, I was on another call, Sherri was not aware my bluetooh was connected to my phone and the person on the call heard the entie converation.

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.

We need to talk. One of the servers we used for the banquet last week came to me today. She wants to file a sexual harassment complaint against one of the bellmen. How do you want to handle this? Should we discuss this with her first or set up an appointment for all of us with HR?

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,

I informed her that we had already discussed this complaint. She did not provide specific evidence about breach of confidentiality. She only said that she believes the OAAPI investigators has disclosed her information because Karen had told her that she knew Ms Mullen had been in contact with them.

Lisa Baxter has been encountering sexual harassment issues in the business and she thought she was the only one, until she found out that also other women in the organization are getting sexually harassed and so she decides to speak up

Carrie Bradshaw is an individual who has a hearing impairment. Therefore, this makes her a disabled individual because ADA defines a disability as “having a physical or mental impairment that substantially limit one or more life activities; has a record of such an impairment or is regarded as having such an impairment.” Carrie qualifies as being disabled, although we know she is disabled, we need to determine if she is qualified to be protected under ADA. Carrie was a former LPN who applies to be an RN at a hospital, but was denied because of her disability. Clearview denied Carrie the position and justified their actions by stating “even with lip reading, it will be difficult to perform certain duties such as working with a staff wearing surgical

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.