In
this exercise, you will be observing a mediation of a dispute under the
Americans with Disabilities Act. The information below is provided to
familiarize you with some of the major legal issues presented. After you
read the information below and observe the simulation, you should
complete the assignment. You will answer the question posed and post
your answer to the Dropbox underWeek 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 disabled employees so that their
job opportunities are more limited than the job opportunities of
non-disabled employees, or setting standards that make it harder for
disabled employees to compete.
You
can review the Act (ADA of 1990, Titles I and V) in detail at the
website of The U.S. Equal Employment Opportunity Commission . You should
skim the Act to understand the definitions that apply and use these
definitions to determine if 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 a disabled
employee to perform a job in the same manner as a non-disabled employee.
While
the ADA applies to all disabled employees of qualified employers, it
does allow employers limited latitude in refusing to accommodate the
disabled 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.
Assignment:
A
second year student at State College is majoring in music and uses a
wheelchair to get around. Since he has been at State College he has been
unable to use the music building on campus because it has no ramps and
really tall steps. He has had others carry him into the building at
times to use the facilities but considers this to be a hassle and
detrimental to his music studies. State college counters that due to the
age (200 years) and historical architectural significance of the
building it would cost over $1 million to add ramps to make the building
ADA compliant. What do you think?
For more information plz visit this link
https://99galaxy.com/viewanswer/view/Laws-310-Week-4-Assignment-xdrLJYrume
