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Employment Law: The American Disability Act - Case Study Example

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A paper "Employment Law: The American Disability Act" reports that in the case of Miss Clark, the applicable law is the American Disability Act. Under the law, it “prohibits discrimination against people in employment, public accommodation, and governmental activities”…
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Employment Law: The American Disability Act
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Download file to see previous pages The company/employer clearly violated the provisions of the law by keeping her career advancement of being promoted to a Senior Vice-President by assuming that she cannot fulfill responsibilities due to her vision impairment. It should be noted the employer has known from the start about her physical restriction, but nevertheless, kept her as their employee. Her state of being a blind Vice-President of the company did not in any way affect the quality of her work, her professionalism, and her competency. “The general policy implemented by ADA and the Rehabilitation Act is that as long as the employee or applicant is qualified for the position, with or without reasonable accommodation, the acts prohibit any adverse employment decision that is made solely on the basis of disability. An employee may be able to claim discrimination on the basis of her or his disability if such employee can prove the following:1. He or she is disabled;2.That he or she is otherwise qualified for the position;3.If an accommodation is required, that the accommodation is unreasonable; 4.That he or she suffered an adverse employment decision, such as termination or demotion” (Moran 530). The case of Miss Clark complied with all the requisites to justify her claim against her employer. Employers must bear in mind that both the state laws and the federal laws protect employees from any form of discrimination which shall entitle them to file claims for damages, such as disability discrimination....
Hence, Miss Clark can file a claim against her employer based on this ground when the company refused to promote her as Senior Vice-President, despite her competency to manage the position for the sole reason that she was blind. According to John Moran, this is in accordance with the principle of “disparate treatment enunciated in the case of Raytheon Vs. Hernandez (540 U.S. 44 (2003) 298 F.3d 1030), where the Supreme Court held that in addition that disparate impact claims are also available to workers based on facially neutral policies that impact qualified individuals with disabilities differently than workers without disabilities” (531). In the said case, the Court stated further, while available, a “disparate impact claim would be analyzed according to the legal standards applied to an impact case rather than a treatment case. Under disparate impact, a facially neutral employment practice may be deemed illegally discriminatory without evidence of the employer’s subjective intent to discriminate that is required in a ‘disparate-treatment’ case (Moran 531).” Another issue is that she is being discriminated because of her age. At 53, she was forced to accept a retirement package when she entertained a dialogue with a Union which was about to be formed. As the Vice-President of the company, she must be able to foster corporation within the company and work towards the improvement of the employees’ welfare. Her act of granting the request of the labor union to explain the union and the related benefits due to the employees is not unlawful. In fact, she has maintained good cordial relationship with her colleagues that she gained the respect of all the people in the company and they have worked hard to initiate her ...Download file to see next pagesRead More
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