What Is ADA?
ADA stands for American Disability Act which is meant to protect people with disability. Employment and access to state and local government programs and services are among the sectors covered by the ADA, which forbids discrimination against individuals with disabilities. The legislation’s goal is to ensure that everyone, including those with disabilities, has the same access to opportunities (Betenbaugh, 2018). ADA provides civil rights protections to those with disabilities in the same way as race and religion are protected. Public accommodations, state and local government services, and telecommunications are all protected by this law. A total of five sections make up the ADA, each one dealing with some aspect of public life. If an applicant or employee is qualified, the employer must make reasonable modifications to accommodate them (Foote, 2016). Reasonable accommodations may include anything from making the application process easier for someone with a disability to altering the work environment to make it easier for someone with a disability to perform essential job duties.
How Is ADA Enforced?
EEOC oversees and enforces this section of the legislation. It is mandatory for all businesses that employ 16 or more staff members to adhere to this new rule. Medical exams and inquiries are addressed, and a “direct danger” is defined as a severe risk to the health or safety of the disabled employee or others. It also defines disability and provides recommendations for the reasonable accommodation procedure. Requirements for public transportation systems that receive federal financial support under the Rehabilitation Act are clarified and extended to all public transportation providers, regardless of whether or not they receive federal help (Odem & Blanck, 2018). Public transportation systems, including commuter and intercity rail, are covered by this regulation. Individuals with disabilities are protected by Title III, which prevents private places of public accommodation from discriminating against them. Hotels, restaurants, and other privately-owned institutions are examples of public accommodations.
Where Is ADA Implemented?
Accessibility requirements for new buildings and renovations are spelled out in this title (Recupero & Harms, 2019). When it comes to existing structures with obstacles, public accommodations must remove them as quickly and cheaply as possible. To better serve persons with disabilities, companies are urged to make “reasonable changes” to their customary procedures. In addition, they must ensure that consumers with visual, hearing and speech challenges can communicate successfully with the telephone, and Internet service providers must establish a countrywide infrastructure of telephone relay services. This law also mandates closed-captioning of federally funded public service announcements. There are a number of provisions in the ADA that pertain to the Americans with Disabilities Act, such as the ADA’s link to other laws and state immunity, the influence of insurance providers, and the benefits of the ADA (Betenbaugh, 2018). Other disorders that should not be regarded as impairments are also included in this section of the book’s title.
Disabilities Considered by ADA
There are several definitions for “physical or mental disability” under the rules (Recupero & Harms, 2019). The requirements also cover mental or psychological disorders such as intellectual impairment, organic brain condition, emotional or mental disease, and particular learning difficulties. ADA does not include a comprehensive list of impairments, but the rules specify medical disorders that are readily recognized disabilities under the legislation. A person must have a physical or mental handicap in order to qualify as disabled under ADA. Even if something prevents you from doing something, it isn’t always an impediment (Foote, 2016). In contrast, ADA adopts an extensive definition. A little bit of drug usage isn’t going to hurt you. This is true for both illegal and prescribed medications. ADA only covers a limited number of scenarios in which a person is addicted to drugs. There are two ways in which someone might be considered a risk for drug abuse.
Addiction may be classified as a disability, and the use of illicit substances by someone with a history of addiction is not a disability. Specific conditions that are not regarded as disabilities and are thus not covered by ADA are described in detail in the law (Foote, 2016). According to the Equal Employment Opportunity Commission, businesses should not spend a lot of effort determining whether workers fall under DA’s modified definition of disability. As a result, instead of focusing on the specific accommodation sought, the attention should be on whether it is fair if it can be supplied without undue hardship and whether alternative accommodations may be explored (Odem & Blanck, 2018). This civil rights statute prevents employers from discriminating against disabled workers, and employers and those with disabilities benefit from DA’s protections.
What Happened in the Case
When asked if Ms. Murphy was considerably constrained in any significant life activity or whether her impairment affected her ability to execute her employment duties, this doctor responded that she suffered from claustrophobia and needed to avoid using the rotating door. Kaiser rejected Ms. Murphy’s demands for accommodation (Recupero & Harms, 2019). Upon receiving an amended Job Accommodation Request Form from Ms. Murphy’s initial doctor, Kaiser authorized the form. According to EEOC’s motion for partial summary judgment, Kaiser breached its obligation to accommodate Ms. Murphy’s impairment by delaying her six-month request.
Agreement With the Case Decision
In my opinion, this court’s judgment, in this case, is correct since Kaiser violated federal law by denying a reasonable accommodation to an employee and agreed to pay a lawsuit after it was held guilty of violating the ADA (Odem & Blanck, 2018). Conceding to pay $130,000 to a former employee, Kaiser agreed to a consent decree. It would teach its workers on ADA, make modifications to its employment forms and enable EEOC to monitor how it processes future claims for accommodation under the ADA. Initially, this court determined that Ms. Murphy met ADA’s criteria for a qualified person with a disability. The next step was to determine whether Kaiser had failed to make a fair adjustment. The plaintiff asserted that Kaiser had an obligation to make its facilities accessible and helpful to people with disabilities under the ADA.
This court determined that Kaiser was responsible for making the facility accessible to Ms. Murphy under these precedents. Kaiser could have easily satisfied this requirement by permitting the plaintiff to utilize a non-revolving door within a reasonable time after she made that request. According to the claim, Kaiser’s specialized appointment coordinator had a disability that made it difficult to enter her office via rotating doors. She sought reasonable accommodation by utilizing the accessible non-revolving doors.
Obligations and Responsibilities
Non-revolving doors were not allowed for Kaiser’s disabled employee, and she was obliged to utilize the rotating doors. ADA prohibits this claimed behavior of forcing the complainant to use the revolving door. Conciliation efforts by the Equal Employment Opportunity Commission EEOC were unsuccessful, so they filed a lawsuit (Odem & Blanck, 2018). A judge recommended that Kaiser be held accountable for violating ADA as a matter of law. Under ADA, a reasonable accommodation does not have to be tied to an employee’s capacity to execute an important job function, according to a federal court ruling. According to the Supreme Court’s ruling on the issue, workers with disabilities are entitled to the same perks and privileges of employment as regular workers. Immediately after the court’s verdict, Kaiser and EEOC negotiated an agreement to end the dispute. By enforcing federal laws against discrimination in the workplace, EEOC promotes equality in the workplace.
Benefits of ADA to the Disabled
People with disabilities benefit from the ADA because it establishes a legal foundation to fight against discrimination. Employers are prohibited from interfering with qualified employees with impairments. Disability-based discrimination is prohibited under ADA in all areas and public transit and telecommunications (Foote, 2016). ADA’s anti-discrimination provisions are explained in detail in this pamphlet. Under ADA, it is illegal for employers to discriminate against workers or job seekers with disabilities at any stage of the employment process. It also shields workers from retribution if they stand up for what they believe to be their legal rights. Discrimination against employees who are unable to perform a basic living activity due to a physical or mental disability is prohibited (Betenbaugh, 2018). If an employee has had a handicap in the past, they cannot be discriminated against by their employer.
ADA protects an employee who an employer considers to be handicapped. Even if an employer is in the wrong and an employee is not incapacitated, this still holds. Employers may not discriminate against employees because they mistakenly believe that the employees are disabled. A qualified employee with a handicap must be provided with reasonable accommodation, an adjustment, or modification that enables the person to do the work. It is up to the employee to ask for reasonable accommodation unless the employer is aware of the condition or is aware of it already. The employer is also under no obligation to offer a specific accommodation requested by an employee if another accommodation is adequate (Recupero & Harms, 2019). There must be an “interactive process” between the employee and employer to find solutions that work for both parties.
In addition, ADA mandates absolute secrecy. The employer cannot share information about a worker’s medical history and impairment with other parties. Disabled employees’ medical records and other papers must be kept in a secure medical file separate from the company’s personnel file. It is illegal for employers to reveal that an employee has sought or is obtaining a reasonable accommodation. A disability may be disclosed in specific situations under ADA.
To achieve ADA, it is vital to understand the importance of workplace culture. Disability is incorporated into organizational practices, policies, and procedures in various ways, both directly and indirectly. The law explains how to avoid discrimination against persons with disabilities in the workplace (Betenbaugh, 2018). Because of their handicap, some people are refused positions they are qualified for or not offered appropriate accommodations.
Discriminatory practices are a complicated problem that demands us to go beyond legislation to change attitudes and beliefs. People with disabilities are entitled to equal opportunities in the workplace, and ADA aims to ensure that this is the case in all workplaces. It is frequently necessary to influence the cultural norms of companies to ensure that persons with disabilities are treated as full and equal members of the workforce (Recupero & Harms, 2019). Research on how ADA has changed since it was passed into law has been extensive and varied. ADA research is critical to better understanding how people’s attitudes and beliefs develop over time. ADA’s aims may also be achieved in practice by doing research that identifies evidence-based practices.
What We Learn From ADA Case
I have learned a lot about the Americans with Disabilities Act, including who is covered by ADA, what constitutes a disability, and who qualifies as a qualified worker with a handicap. If state and local governments and employment agencies discriminate against persons with disabilities in the workplace, they are breaking the law. Under ADA, qualified employees with disabilities are afforded certain protections (Recupero & Harms, 2019). As long as the employee can do the job’s fundamental functions with or without a reasonable accommodation from the employer, they are considered competent workers with disabilities. The job’s essential responsibilities include those tasks that are necessary to the position’s success. Ancillary responsibilities are not included in the total number of hours worked. Customer service personnel in a contact center, for example, could take calls, write letters to disgruntled consumers, and deal with their concerns (Foote, 2016). Employees may also file paperwork or refill office supplies if a business is sluggish. While the “filler” jobs may be necessary for the job, customer service is probably not.
References
Betenbaugh, H. R. (2018). Ada and the Religious Community: The moral case. A Look Back: The Birth of the Americans with Disabilities Act, 47–69. Web.
Foote, W. E. (2016). Americans with Disabilities Act (ADA). Encyclopedia of Psychology and Law. Web.
Odem, N., & Blanck, P. (2018). Americans with Disabilities Act. Spine, 28(3), 309–313. Web.
Recupero, P. R., & Harms, S. E. (2019). The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act amendments act in disability evaluations. Clinical Guide to Mental Disability Evaluations, 259–289. Web.