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Week 2 Discussion
“The ADA describes disability as a physical or mental damage that considerably confines a key life activity with impairment. Several court cases have been terminated grounded upon a discovery that the person filing suit did not have a disability as mentioned by ADA. (Jones, Kiviniemi, & Sanjo, 2012)
Yes, this candidate can do all the functions, but office is on second floor this is the issue and they don’t have lift. Now ,it is important for a company to establish a small work place for this candidate down stairs so he can do his work .
Reasonable accommodation involves adjusting the facility so that disable employees able to perform their daily tasks at work but for that financial sources required. But in this case company is already facing financial problems so it is better to tell employee about the issues.
If company wants to hire this candidate, then they need to do some accommodations like they can arrange a small work place for their employee at ground floor or in new coffee shop. If this is not possible then they can offer him to work from home because may companies do not need to call workers at office to do work that is related to computer or telephone calls.
In Harmer v. Virginia Electric and Power Company, the worker had a pulmonary problem. This employee requested employer to make entire office smoke free as smoke triggers his disability. But employer refused him, so he sued against employer. When court found that employer already placed air purifier, extra fans and a smoke free area at work place so the court denied worker’s claim (Sprong, Mikolajczyk Buono, Kanako Iwanaga, & Cerrito, 2019). On the other hand in another case , Wooten v. Columbus Division of Water, the court verdict that for the accommodation of mechanic that if he could not life more than 20 pounds of weight then company need to reassign him to a position that fits with his disability. (Reasonable Accommodation and the ADA)
References
Reasonable Accommodation and the ADA - Courts Draw the Line. (2018). Retrieved from
https://corporate.findlaw.com/litigation-disputes/reasonable-accomodation-and-the-ada-courts-draw-the-line.html
Jones, N. L., Toland, C. J., Kiviniemi, J., & Sanjo, C. (2012). The Americans with Disabilities
Act (ADA) : Provisions and Protections. New York: Nova Science Publishers, Inc. Retrieved from https://search-ebscohost-com.su.idm.oclc.org/login.aspx?direct=true&db=nlebk&AN=1365651&site=eds-live
Sprong, M. E., Mikolajczyk, E., Buono, F. D., Kanako Iwanaga, & Cerrito, B. (2019). The Role
of Disability in the Hiring Process: Does Knowledge of the Americans with Disabilities Act Matter? Journal of Rehabilitation, 85(4), 42–49. Retrieved from https://search-ebscohost-com.su.idm.oclc.org/login.aspx?direct=true&db=s3h&AN=140999035&site=eds-live
Replies
Reply to Georgetta
Thankyou Georgetta for your informative post. It is really very nice and well-organized post. You said that “Title lll of this act direct business to make reasonable modification. This title sets the minimum standards for accessibility for alterations and new construction of facilities”.i am agreeing with you this is an important act and must be use regarding discrimination in jobs.
Reply to Matthew Jamison
Thankyou Matthew for such an interesting post. I really enjoyed reading it and you organized your post in a very well matter . it is easy to find out the answers easily. You have discussed the Wal-Mart Phoenix Az case and it is really a good example to understand this act.
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