The Hooters Mission Statement

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 Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for

The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADA's ban against disability discrimination applies to both private and public employers in the United States.

The ideology behind the ADA is inclusion. As stated in its preamble, individuals with disabilities are equal to every other human being, in regard to laws and civil rights. They should be allowed the same opportunities as the rest of the population to participate in all aspects of life (Introduction to ADA, 2014). Dana Lee Baker stated in her book on neurodiversity and public policy that terming a difference or an impairment as a disability is subjective and based on cultural views of how it relates to an individual’s function in society. For instance, being left-handed was once viewed as a threat to the health of the individual. Today being employed is a major function of the western culture; however, during some historical times, having to seek paid employment was seen as an impairment. Since functionality is the primary gauge for a disability, the farther a person is from the standard level of function, the greater the need is to protect the person’s civil rights in order for them to share membership in a society that views them as dysfunctional. The view of functionality changes over time and the ADA of 1990 had the task of bridging the changing definitions (Baker, 2011). Rosemary Chapin stated that the goal of the policy is not to emphasize the shortfalls of the individual, rather to view the disability “as the gap between a person’s capabilities and the environment’s demands” (Chapin, 1995, para. 23).

“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).

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.

Over the years the national chain restaurant Hooters has had lawsuits brought against them for discrimination based on gender. Currently, the issue is weight discrimination. Not just one lawsuit, but two, and maybe three lawsuits may be filed. The waitresses claim that they lost their jobs because they weighed too much. They were put on a 30-day weight probation and offered gym memberships. The ethical issue here is the fact the company practices such discrimination and justifies their actions by claiming that the waitresses are entertainers. Not to mention, the waitress in question weighed 13 pounds less than when she was hires in 2008. Unfortunately for Hooters the Michigan Elliott-Larsen Civil

The Americans with Disabilities Act, also known as Public Law 101-336, is a civil rights law. It makes it illegal to discriminate based on disability in several different areas of life. It prohibits discrimination on the basis of disability in: employment, services rendered by state and local governments, places of public accommodation, transportation, telecommunications services. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. http://www.eeoc.gov/facts/fs-ada.html

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,

Americans with Disabilities Act was established to restrain illegal discrimination in employment against individuals qualified to be disabled. The purpose of the law was to generally end discrimination in the place of work and to deliver equal employment chances for individuals living with disabilities or have had histories of disabilities. The act defends employees that experience physical or mental deficiency that greatly limits a key life activity. In addition to that, it protects the rights of employees with a history of disability and those that employers regard as being disabled even when in the real sense they are not. The main goal of this law is to simply eradicate discrimination against people with disabilities.

The Americans with Disabilities Act (ADA) provides protection against discrimination based on disability. Disability is defined in the ADA as a mental or physical impairment that substantially limits one or more major life activities. These protections extend to individuals who have a record of a mental or physical impairment that substantially limits one or more major life activities, or who are perceived or regarded as having a mental or physical impairment that substantially limits one or more major life activities.

Chipotle’s kitchen and restaurant design intentionally places employees up front to reinforce a focus on service, through interaction with customers and individual attention by creating one burrito at a time (Chipotle, 2011, p. 5). While Chipotle combines basic ingredients to magnify the flavor they also stick to the basics when staffing their restaurants. Chipotle only has two shifts and cross trains their

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

“For purposes of nondiscrimination laws (e.g. the Americans with Disabilities Act, Section 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), a person with a disability is generally defined as someone who (1) has a physical or mental impairment that substantially limits one or more "major life activities," (2) has a record of such an impairment, or (3) is regarded as having such an