Laws 310 Week 4 Assignment:
Simulation: ADA Mediation
Week 4: Simulation.
Background Information
Congress
passed the Americans with Disabilities Act (ADA) in 1990. The purpose
of the ADA is to prevent discrimination against people with disabilities
in the workforce--as well as in most businesses and other places open
to the public--by requiring that "reasonable accommodations" be made for
many types of disability.Prohibited discrimination includes classifying
employees with disabilities so that their job opportunities are more
limited than the job opportunities of employees without disabilities, or
setting standards that make it harder for employees with disabilities
to compete. You can review the act (ADA of 1990, Titles I and V) in
detail at the website ofThe U.S. Equal Employment Opportunity
Commission. You should skim the act to understand the definitions that
apply and use these definitions to determine whether the mediator
applies the correct standards. Remember that the law shapes the
propriety of the agreement reached in the mediation.As the statute
points out, the ADA only applies to persons who meet the definition
of disabled under the act. If an employee or other person covered under
the act has impairment that substantially limits his or her ability to
perform a major life activity, the person is considered disabled under
the ADA.Although the determination of whether a worker is disabled is
made on a case-by-case basis, common examples of disabilities include
confinement to a wheelchair, blindness, deafness, a learning disability,
and certain kinds of mental illness. For example, if an employee is
hard of hearing, but has normal hearing when wearing a hearing aid, this
employee is not considered disabled under the ADA. Assuming an employee
is disabled under the ADA, an employer has a responsibility to make
reasonable accommodations for the employee's disability. Generally
speaking, a reasonable accommodation allows an employee with a
disability to perform a job in the same manner as an employee without a
disability.While the ADA applies to all relevant employees of qualified
employers, it does allow employers limited latitude in refusing to
accommodate employees with disabilities in the workplace. An employer
may also refuse to accommodate a disabled person if the accommodation
that would allow him or her to perform the job is not
"reasonable."Another justification for refusal would be undue hardship
if the accommodation would be extremely difficult or expensive. As
defined in the act
(Title I, Section 101(10))
(A)
In general. - The term “undue hardship'' means an action requiring
significant difficulty or expense, when considered in light of the
factors set forth in subparagraph
(B)
Factors to be considered. - In determining whether an accommodation
would impose an undue hardship on a covered entity, factors to be
considered include
(i) the nature and cost of the accommodation needed under this chapter;
(ii)
the overall financial resources of the facility or facilities involved
in the provision of the reasonable accommodation; the number of persons
employed at such facility; the effect on expenses and resources, or the
impact otherwise of such accommodation upon the operation of the
facility
(iii)
the overall financial resources of the covered entity; the overall size
of the business of a covered entity with respect to the number of its
employees; the number, type, and location of its facilities; and
(iv)
the type of operation or operations of the covered entity, including
the composition, structure, and functions of the workforce of such
entity; the geographic separateness, administrative, or fiscal
relationship of the facility or facilities in question to the covered
entity.
Now,
please watch the ADA simulation and don’t forget to complete the
assignment given below the simulation. The assignment is to answer the
question at the bottom of this page using the information provided in
this simulation.
Fore more information plz visit this link
https://99galaxy.com/viewanswer/view/-Laws--310-Answer-lcrYUgaNAL
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