ADA Act 1990 Case Study
The ADA (U.S Department of Justice, 2020) what kind of citation is this? of 1990 is a law in the category of civil rights protecting people from discrimination due to disability. With regards to the case study at hand, relevance of this law in this particular case is mainly inclined towards protection of workers from discrimination at organizations with more than fifteen employees. This is clearly stipulated under title I of the act entitled employment. Employers are required to accommodate known disabilities unless it leads to excessive hardship. John was disabled at the time when workers were laid off , but probably it was the only possible way the company would survive therefore the action being legal.
John’s supervisor had enough evidence that John was involved in drug and substance abuse having been in possession of unprescribed drugs. By considering this, John broke the law. In fact, he had initially started behaving strangely before the heart attack and charges would have been pressed against him at a court of law. Since an employing organization is expected to reasonably accommodate employees with disabilities, John’s shifts hours were reduced. Taking a critical look at title V of ADA covering miscellaneous provisions, anti coercion is provided but is effective only if the previously mentioned provisions hold ground. Consequentialy, John was coerced to leave work having performed decimaly as a result of a heart attack that he predisposed himself into through abusing drugs.
All employment agencies whether governmental, public or private must not practice discrimination against qualified individuals with disabilities. (Mezey, 2005) When what kind of citation is this? an employee requests for an accommodation, the manager must comply unless it causes undue hardships on the firm’s operations. The hardships arise from expenses causing difficulties. Employers on the other side may defend themselves against discrimination charges by proving that the qualification standard was in line with the necessity at hand or the employee in question was in a position of posing a direct health or safety threat to other workers.
Potential claims made by John against Acme company would include wrong termination of his work contract thus violating ADA act. John would support this claim by proving that he had a heart attack that took him a while to get back to work. Additionally, he could not be able to work normally due to his medical condition forcing him to reduce working hours. This reduced his appraisal rating and led to a low score causing a loss of employment on the basis of merit. Potentially, defense of the company under the ADA act would be that considering John’s disability would lead to a severe hardship to the company. Costs were rising and Acme was forced to cut down on the number of workers. Letting John continue working would have possed the burden of increasing workforce cost and a possible termination of the company due to bankruptcy. Clearly, termination of John from work was not due to his disability but rather internal resource management pressures that affected the company.
However, the company was unfair in appraising its workers for it did not consider the factor of working hours. Legal appraisal procedures were supposed to be followed by the company before terminating work contracts. There would have been a breach of the law in the process considering the following facts. (Baskin, 2015) The company what kind of citation is this? should have come up with the right appraisal forms with an accurate job analysis procedure. The appraisal should refer to aspects of every employee independently which was not the case for John in the case study. additionally, it is a requirement by law for employees to sign their evaluations. Indeed, beyond any doubt it is crystal clear from the case study that John was not involved in the appraisal process but was suddenly given a termination notice which should not be the case. John would not have sued the company if he had willingly signed the appraisal form. Luckily enough, the organization seems to have given a chance to John allowing him to appeal for unfairness in the process. John’s allegation should have been against an illegal appraisal process undertaken by the company. He was not considered to be working for lesser hours. Furthermore, he had a medical condition that impeded his working hours. It was unfair for the company to compare John to the other healthy workers. Instead of John making this allegation, he went ahead to sue the company for laying him from work by violating Americans with Disabilities Act which was partially the case.
Other violations of the law both on John’s side and on the company’s side existed. For John, he used unprescribed drugs. There is a great possibility that the unprescribed drugs that John used most likely lead to his heart attack. Negligence of duty is also seen in the way the supervisor delays to handle John’s case of being in possession of unprescribed drugs at work. The company on the other hand wisely laid off workers without following legal measures. However, the company’s violation of the law is not directly linked to Americans with Disabilities Act. Therefore, the company is not guilty in terms of discriminating an employee who is disabled. Furthermore, John’s condition is not directly mentioned in the act. If he still qualifies for the job, then as a mitigation, the company should consider re-hiring him if it retains financial power. Moreover, the company was compelled to lay off workers regardless of whether they were disabled or not. John’s termination from work was purely from underperformance and not because of his debilitated medical condition. It is indicated in the case study that he had started behaving strangely and perhaps some of his behaviours would have been detrimental to the safety of the other workers. For example, if he was having seizures periodically, it would pose a health risk to him or anyone he would fall on at their place of work.
In conclusion,basing AFTER A COMMAN WE SPACE on above evidence relating to John’s case, there were no violations in respect to the ADA Act of 1990 DO WE REQUIRE A PERIOD HERE?
References This is not supposed to be in bold. Centered .
Baskin, M. ( 2015, December 21). Legal Guidelines for Conducting Employee Evaluations. Retrieved June 4, 2020, from American Society of Association Executives: https://www.asaecenter.org/resources/articles/an_plus/2015
Mezey, S. G. (2005). Disabling interpretation: The Americans with Disabilities Act in federal court. Pittsburgh, Pennsylvania: University of Pittsburgh Press.
U.S Department of Justice, C. R. ( 2020, February). A Guide to Disability Rights Laws. Retrieved June 3, 2020, from ada.gov: https://www.ada.gov/cguide.htm
Why do you mix font? We are only supposed to use times new roman size 12 font!