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Law/Ethics -- American Disabilities Act - Research Paper Example

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The XYZ Associates LLC (hereafter referred to as the Company) is a legal service provider in New York employing 95 personnel spread across three departments namely legal assistance, administration and HR, and front office. “Title I of the Americans with Disabilities Act of…
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Law/Ethics -- American Disabilities Act
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"Law/Ethics -- American Disabilities Act"

Download file to see previous pages This policy is based upon the requirements as per the ADA. Section 12102 (1) defines disability and it is the duty of the HR manager to identify whether the applicant or employee is covered under the Act. The HR and other department heads are to be familiar with the provisions of the Act. The ‘qualified’ applicant can be identified by the HR manager with the assistance of department heads. Qualified, in this instance means a person (with disability), who can perform essential functions of a job. He or she has to be provided with reasonable accommodation, which includes job restructuring, provision for wheelchair, modifying the workplace including furniture and communication equipment suitable for a particular type of disability. In this regard, the front office staff, doorman, or colleague should assist a wheel chair bound or blind employee in moving about the office within the ambit of duty and other rights. Reasonable accommodation need not include acts that can cause the Company undue hardship (For example, expenditure that is not within the resources of the Company or can cause undue disruption of normal work). The Company shall not conduct a medical examination to substantiate the disability. If a disabled person is found to be a user of illegal substances (drug testing is permissible), he or she ceases to be such under statute. It should be noted by all employees that any violation will provide the right of recourse through, formal, informal, or legal means on the part of the disabled employee. The Company can be fined $55,000 for a first violation, and $110,000 for subsequent ones. Finally, no employee has the right to stop the exercising of rights of an aggrieved disabled person. The copy of this policy will be displayed in a accessible location in all departments. It will also be circulated among all employees. Any additional clarifications on the part of the employees can be taken up with ...Download file to see next pagesRead More
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