Disability in the workplace
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Disability discrimination in the workplaceBy Jacqueline Warrick
LAWS THAT PROTECT THE DISABLED WORKERVOCATIONAL REHABILITATION ACT of 1973AMERICANS WITH DISABILITIES ACT of 1990AMERICANS WITH Disabilities act Amendment of 2008
VOCATIONAL REHABILITATION ACTSection 503Requires affirmative action to hire and promote disabled workers, for contractors with a contractor of $10,000 or more.For contracts of $50,000 or more and 50+ employees, an established affirmative program at each establishment.Section 504Prohibits discrimination of otherwise qualified workers with disabilities, by any program or activity receiving federal assistance.
AMERICANS WITH DISABILITIES ACT
Applied nationwide to include private, state and local government employeesOffered legal protection to employersThe definition of disability is not limited to physical disabilities.Prohibits disparate treatment/impact.
American with Disabilities Act Amendment act(adaaa)Defined disabilities that were not previously addressed in the ADADirected a more broad interpretation of the adaProvided examples of major life activitiesDefines what qualifies as substantially limited
Eeoc V Ford motor company
FactsMs. Harris was a resale buyer for the ford motor company.She suffered from Irritable Bowel Syndrome.She was terminated in July 2009.
EmployerHarris was a subpar performerShe was offered several accommodations which she either failed to fulfill or refused. FILE A COMPLAINT STATING SHE WAS DISCRIMINATED AGAINST BASED UPON HER DISABILITYACCUSED HER EMPLOYER OF NOT MAKING ACCOMMODATIONS FOR HER DISABILITYACCUSED HER EMPLOYER OF RETALIATION
Americans with Disabilities Act
AnalysisHARRIS' position required a substantial amount of interaction with steel buyersHarris requested to work 4 days a week from home and telecommuteFord's resale buyer position was allowed to telecommute only one day a week
AnalysisHarris' performance declined steadily over the course of her six year tenureShe was continually absentCame to work late and left earlyDid not complete her work on timePerformed at the bottom 10% among her coworkers the last two years at the company
AnalysisThe company offered to let her adjust her work schedule She was given an opportunity to telecommute, which she failed to do on three occasionsMeetings were held to try to resolve the accommodation issue and raise her performance levelShe refused the offered accommodationsShe failed to raise her completion performance
ConclusionHarris was fired based upon her low performance evaluationFord motor co.had policies in place to help make reasonable accommodations for employees with disabilitiesHarris refused to accept those accommodations and to raise her performance and was terminated as a resultDiscrimination and Retaliation could not be shown because of the reasonable accommodations offered and the policies in placeHarris did not qualify as a protected disabled employee because she could not perform the essential tasks of her position
REferencesBennett-Alexander, D., & Hartman, L. P. (2015).Employment law for business(8th ed.) disability discrimination pp 588-589, new york, ny: mcgraw-hill. EeOC V FORD MOTORCOMPANY,12-1284,(6TH CIR. WASHINGTON,D.C. 2015)