Disabilities at Workplace - Essay Example

Name: Professor name: Course name: Date: Disabilities at workplace Disabilities has been defined differently by different sources, for instance, disabilities has been defined by ADA in a three part definition. It states that individual with a disability is a physical or a mental impairment that limits one or major life activities of a person. It has also been extended to refer to a person with a record of such an impairment or being regarded as having such an impairment by the law or by any other legal reasons as indicated by the system that defines it as such. This is the best definition and the mostly relied on definition by the ADA. It is the purpose of this paper to explain the types of discrimination that are allowable, discrimination that are illegal or unethical and the impacts on companies for the applicants and the co workers having or being portrayed as having such disabilities at the work place (Latham et al, 422). It is the purpose of ADA to ensure that no person covered by the entity should be discriminated against as a qualified individual. This is on the understanding that someone is disabled with regards to the job application protocols, hiring, and advancements or at any cost release of employees, employee compensation, training and any other terms condition and privileges of the employment. This definition only works out only on individuals who are qualified and on the basis of disability. This prohibition of discrimination only covers those individual who are covered entities and hence the definition of discrimination is subjective. This is only for the people under the cover of ADA who include the private employers, state and local governments, employment agencies and the labour unions. The employer is a person engaged in an industry affecting commerce with more than 15 employees. However, the employer excludes the federal governments, the United States, the Indian tribes and private membership clubs. It does apply to the religious groups who give preference to specific applicants and employees as in conformity to the tenets of the organization. The people with the physical disability are protected according to the type of disability. Based on three part terms definition of disability. 1st and individual with the physical or mental disability is subjected to various limits of involvement in the major life activities. A physical impairment is considered as any physiological disorder, cosmetic issues or anatomical loss that affects on ear more of the body organs or the systems. This may be neurological, musculoskeletal, special senses organs such as hearing or speech, the heart, reproductive systems, the urinary, the skin, and the endocrine glands (Maurer et al 128). Mental impairments is understood as an impairment in any of the following effects; mental impairments or the psychological disorders which could be a form of mental retardation, organic brain syndrome, emotional or mental illness and other learning disabilities. The disabilities have as well been classified into two as either major life activity or the major sustainability limits. “Major life activities include caring for oneself and performing such activities such as seeing, hearing, eating sleeping, walking, communicating, concentrating, thinking and working” (Maurer et al 128). This is also a made to incorporate the functioning of the body cells, organs and tissues. If one has a record of such impairment, then he or she has a disability as proposed by the definition of ADA. This law applies to an individual who meet the following requirements if he establishes that he or she has been subjected to such an action prohibited under the act because of an act or perceived actual limit of life activity. Being a qualified professional in a specific field, the disability means that one is capable of performing the required function of the job with or without the reasonable accommodation. Hence, there are the minimum requirements for one to be able to perform such like functions as required by law. This may include the education level, the experience in the area and license from the proper regulatory body. This will enable one to perform the essential functions that the position desires or the employment holds. The requirements of the essential functions are restricted to the required functions only and do not include the marginal functions of the positions. Hence, it is only for the fundamental job functions. As regards the job applicants, a person with a disability as indicated by the ADA will not be denied a job as long as the qualifications are within the requirements of the positions. This is because the employers give consideration of the functions of the position that are essential. In case the employer does submit the request for application for the position in the print media, then that may serve as proof for the requirements of the position as the description of the position. In this case, anything that has not been mentioned in the job description will not be considered as a requirement but as a marginal function of the job. In the act, there a room for accommodation that is considered reasonable for persons with disabilities. These are basic modifications that will enable the employee with disabilities to perform reasonable functions of their job after being hired for the position. These regulations are of key focus and therefore have the effect of determining who should be offered employment or not so as just in line with the ADA, avoid the dissatisfaction and discrimination. This includes the job advertising, providing the job information for the applicants, the processing of the application forms, the interview arrangements and selection test. This will provide an equal competitive basis for all the people including the people with thee disabilities. In effect, it will help determine who needs to be offered employment. The terms and conditions for the employment will also be subjective to the act. The terms and conditions of the employment pertaining what an employer’s affords an employee such as the wage, salary, duties that will need to be performed, safety protection measures, occupational health and safety protections, equipments and facilities that needs to be provided at the work place, information and the communication networks, the work environment of the person with disability, the workers compensation arrangements and other related job arrangements. When it comes to matters pertaining promotions, there equal opportunities, transfer or training which also include training that is provided on the behalf of the employer. It covers the other benefits of the employments and dismissal of an employee or in any way dealing with the terminations and any other issues of detriments. Cares must always be taken not harass the employee with disability which applies to any employment. What is therefore the meaning of discrimination in this context? Discrimination is the treatment of an individual less favorably which is very different from the way it is indicated by the acts establishing such a relationship or in a disadvantageous or reasonable way indicated as demeaning to an individual. This could be by way of dismissal or being paid less money. Being given less work by the employer may be deemed as disadvantageous. It has however not been deemed as disadvantageous when the employer fails or refuse to employ a person for the job, fail or refuse to employ a person for the job. Also refusing to transfer or promote a person with disability is has not been considered. Terminating the employment of the parson as well will not be considered as discrimination only if the person is found unable to perform the inherent duties that he or she is assigned at the job and hence it is not illegal. In addition, if the remedy is not one that cannot be solved by reasonable adjustment then it is not a crime under the act of ADA. It is however of importance to find out whether the rules placed are reasonable or still yet unreasonable under the circumstances being considered. This will include several factors as the purpose of the requirements of whether it is useful or unreasonable. Also, the importance of the circumstance that could be quality, productivity or safety to measure and justify the measures put in place. This can also be determined by whether there are other means of achieving the same purpose. It does not only mean that other means are available but also whether the other means are able to be used and implemented in the circumstance mentioned. The changes in time are also another factor because technology has always advanced and made things very easy to handle. Above all the relationship of the condition, the rule or practice or other treatments that have occurred before that are of the category of discriminations. “The rule of the ‘first off’ is of great value in fair treatment of individuals in a company with people of disabilities” (Latham et al, 422). But in the case where it is a new recruitment after some history of discrimination, such cases become neutral and hence may be deemed as unreasonable. It is therefore a requirement that during the hiring of new applicants, it is of essence that the person’s ability is determined as to his capability of performing the inherent requirements of the relevant job. His flexibility in compliance with any lawful job related requirements. The need for and the nature of any reasonable adjustments required including in relation to the hardship that may not be deemed unjustifiable. It is at this time also that entitlements and obligations of the employer and employees are set straight. The aspect of whether questions, discussions and examinations can be done regarding a person’s disability is another concern that is being addressed because it will greatly impact on the employer if it is found discriminatory. Its affects may be deemed legitimate necessary and desirable in many of the cases. This ought to be done to determine whether a person can perform the indicated job requirements as outlined in the job descriptions. The will also solve issues of reasonable adjustments that may be required in the performance of the work in the employment. Finally, the rights and the obligations pertaining the workers remunerations, and workers compensations will be determined in such a case. The impact of ADA on the employers is that they are always supposed to comply with the health and safety systems that relates to the disabilities acts. This is because the people with the disabilities are entitled to equal protection of health and their safety. This also involves the non discrimination in terms of the conditions and the work as required by the ADA. Also, it is very harsh on employers because a person who has a job needs not to be hired because he cannot be able to work. “The employers must also be able to provide the reasonable adjustments as provided by the law” (Van Iddekinge et al 553). This is the key factor in the determination of the job inherent requirement for the people with disabilities. This includes the adjustment for the facilities, equipments, work practice or training. This also implies that the employers can also provide specific information on the type of individual with the disabilities and that will not be considered discriminatory. ‘The basis that a person has been discriminated because he does not have a disability or he has no disability which is in the criterion indicated is not a priority of the DDA’ (Swami et al 998). As a result as well, the job performance standards must always be reviewed to fit the job descriptions that will not be seen as discriminatory. Lowering the performance standards to accommodate the person with disability is not required (Swami et al 998). Medical documentation in most of the cases will be required and this will be required to be from a professional. This is will be used for assessment whether the conditions meets the disability act of the ADA. It will also help make judgment on whether the disability will affect ones job productivity and also cater for any arrangements for the additional reasonable accommodations. As such, the employers have been given the power to enforce and come up with conduct standards which is to be formatted with the business necessity (Van Iddekinge et al 555). According to the data available at the US Department of Health and Human services, it has been estimated that approximately 4.5 million people have developmental disabilities. Thirty percent of the people have developmental disabilities. The number of the people employed seems to be increasing with time. The largest group is the one having Autism. Adult with developmental disabilities are employed in community based rehabilitation programs and also in the conventional labour markets. ADA has enabled the support of many individuals with the disabilities as well linked them with the local and state agencies with vocational rehabilitation programs. The recent review of the literature published has found no data indicating the rates of injuries experiences of the people with disabilities and in occupational safety issues hence an indication that the ADA has its benefits in regulating the safety issues of the people with disabilities. In conclusion, ADA has had its positive influence on the improvement of the safety of the individuals with disabilities. This has as well enabled the conformity of employers with the regulatory standards keeping the level discrimination against the people with disabilities very low. Employment is an essential part of healthy human living to an individual whether with disabilities in order to have an independent and fulfilling life (Latham et al, 430). More education needs to be conducted in order to feel the gap in the safety in the occupational health and the acts such as the ADA that govern the people with disabilities. This calls for the development of hands on and problem solving approach which is a system that has been successful for the entire learner involving the basic safety skills and issues pertaining their life and employment (Van Iddekinge et al 557). Work Cited Latham, G. P., Saari, L. M., Pursell, E. D., & Campion, M. A. The situational interview. Journal of Applied Psychology, 65, 1980: 422–427. Maurer, T., Solamon, J., & Troxtel, D. Relationship of coaching with performance in situational employment interviews. Journal of Applied Psychology, 83, 1998: 128–136. Swami, V., Chan, F., Wong, V. Furnham, A., & Tovee, M. J. Weight-based discrimination in occupational hiring and helping behavior. Journal of Applied Social Psychology, 38(4), 2008: 968–981. Van Iddekinge, C. H., Raymark, P. H., & Roth, P. L. Assessing personality with a structured employment interview: Construct-related validity and susceptibility to response inflation. Journal of Applied Psychology, 90(3), 2005: 536–552.. Read More