ABC Inc Companys Disabled Staff Needs - Case Study Example

ABC Inc. MEMORANDUM This memo is concerned with our company’s disabled staff needs. This issue has become critical to the image of our company given our dedication to the cause of equal opportunity to all employees irrespective of their physical and mental disabilities. As per our company’s mission statement to adhere to high standards, we need to create better community environment for people with disability in our company. We need to show our affirmation to create an inclusive workplace where we feel proud for our adherence to human rights principles of fairness, regard, equality, dignity and autonomy. These are behavioral goals to create an inclusive work environment . Disability Discrimination It needs to be brought to the notice of all employees that under the Disabilities Act, it is discriminatory to behave unfavorably to employees with any kind of physical or mental disability. The company is bound under the law to provide desired facilities to disabled employees. All staff needs to be aware of the legal aspect of the law not to discriminate an employee even for having relationship with a person of disability . Employment It should be clear to all concerned that our country’s law is against any such discrimination over employment, which may be related to hiring, notice to quit job, salary, job roles, promotions, layoff, training, fringe benefits, and other job related terms and conditions . Disability Discrimination & Harassment Harassment of disabled employees is an illegal act. Even an offensive remark can be discriminatory if it is randomly made. It is necessary for the creation of congenial work environment that such derogatory comments are rarely made. Not only the colleagues or managers, sometimes customers also harass a disabled employee. We need to take extra precaution in this regard to check the behavior of all; it is very much in the wider interests of our company . Disability Discrimination & Reasonable Accommodation It is our managerial responsibility to ensure that our employees with disabilities get suitable accommodation while performing the assigned work. We need to provide them with all the benefits and privileges of employment. Wherever a disabled employee requires a wheelchair or the provision of a reader or interpreter, it is the management’s responsibility to ensure facilitating him with these facilities . Types of Disability All job applicants or employees do not deserve special treatment unless they are qualified for the assigned job and their disability is protected under the law. Disability can be of three types: • Disability can be physical or mental to the limit of affecting life functions like walking, talking, seeing, listening, or learning. • An individual keeping a past record of a disability such as cancer in any of the various stages is a disabled individual. • If an individual is understood to have a physical or mental disability, which is not temporary and short-lived or even if he or she may not have that impairment, it is a type of disability . Chart of Questions asked or not to be asked by the Employer ______________________________________________________________________________ ­­­EMPLOYER MAY ASK EMPLOYER MAY NOT ASK Can you accomplish any or all of these given employment duties? Please state or exhibit how you would accomplish a particular function. (This needs to be asked to all applicants unless there is a visible handicap or disability connected to a job role. The company may need to offer suitable facility for the activity.) Can you fulfill the attendance conditions? What was your regularity history at your previous workplace? Do you presently use illegal medicines? An employer may request job-seekers to explain their handicap or disability by choice aimed at helping the employer in the affirmative action attempt. An employer should be straightforward in informing the usage of data only in connection with the affirmative action efforts, promising that it will be not be shared, and that non-disclosure will not result in unfavorable treatment. Are you a handicapped/disable? Are you incapable of performing your job functions because of your handicap that would hold you from finishing the job? Have you ever been awarded the Workers' Compensation? Have you ever been admitted to a medical center for health or mental conditions? Have you been using forbidden or illegal medicines or treated for drug abuse/alcohol drinking? Have you ever been on leave from work because of illness? Do you have AIDS? An employer may not ask as to the type, seriousness, treatment or prognosis of a visible handicap or disability or a not-visible disability or handicap self-declared by the job-seeker. ______________________________________________________________________________ Massachusetts Commission against Discrimination . Managers need to be Sensitive towards Disabled Employees Managers need to understand the needs and limitations of the handicap employees. Managers form the only most critical group to raise consciousness towards the needs of disabled while developing the disability policy. If a manager is not sure to fulfill the needs of a disabled employee, he should seek advice from the Occupational Health Team and/or the Equalities and Diversity Team. Certain deteriorating ailments like HIV/AIDS, Cancer and Multiple Sclerosis come under the Equality Act 2010 from the aspect of diagnosis, irrespective of the symptoms (UCL 2). Managers need not be experts in handicap problems but they need to exhibit an open-minded approach to be flexible. They should be accommodative enough to show a positive and welcoming behavior. They should initiate a dialog with the concerned staff members. They should be ready to ask for expert advice (UCL 3). Conclusion We all need to be aware of the latest changes made in the ADA. I am worried over the handling of the recent happening by the Company’s top boss. Whatever information I have related to this issue and if it is not wrong, I would like to offer my suggestions. I recommend that this issue at hand is once again discussed and the management exhibits the inclination to ask the ADA for technical help so that we come out clean-handed over not committing any mistake against the directions of the ADA (Romano). If we come to know that we have made mistakes, my recommendation is that it is sorted out at the earliest. Going ahead, my suggestion is that we should discuss about the enforcement of a decision-making protocol by including technical help consultation from no-cost government or SHRM resources to stop occurrence of such mistakes in the future. Besides, it is my honest suggestion that all individuals responsible for taking ADA decisions, should help in outlining employment details. Those who are assigned to take interviews and offer employment opportunities take part in formal training on ADA adherence issues. I am enlisting a number of websites with a list of quality soon to be launched trainings in our region or through webinar (Romano). It is our collective duty to check that our company adheres to the ADA directives. It is the honest attempt of us all to hold any liability exposure for at company and personal level. I am enlisting certain resources, which are free and can be seen or visited in our comfort zone. We all can avail the free information, white papers, case-law information, and research capabilities besides the technical knowhow for how to best manage the ADA and related issues. It is my suggestion that we consult these resources in the future to avoid legal issue related to ADA (Romano). I am fully aware that we are partner and stakeholders to the company policies and our adherence to all applicable city, state, and federal laws related to the ADA. Besides, I acknowledge the criticality of precedent in our decision-making processes and our managing of ADA issues in a legally settling way. Works Cited Equality and Human Rights Commission. “Section 2: What does an Inclusive Workplace Look Like?” Web. 30 July 2012 . Massachusetts Commission against Discrimination. “Guidelines: Employment Discrimination of the Basis of Handicap.” 5 October 2007. Web. 30 July 2012 < http://www.mass.gov/mcad/disability1a.html>. Romano, Danise A. “Sample Memos for Workplace Issues.” Workplace Credible Activist. 5 Feb. 2012. Weblog. 30 July 2012 . UCL. “Supporting Disabled People in the Workplace: Guidance for UCL Managers.” UCL Equalities and Diversity. 2011. Web. 30 July 2012 < www.ucl.ac.uk/hr/equalities/>. U.S. Equal Employment Opportunity Commission. “Disability Discrimination.” 24 July 2012. Web. 30 July 2012 . Read More