gidfred

  

must use   the reference below
Bennett-Alexander, D., and Hartman, L. (2019). Employment Law for Business, (9th ed.). NY: McGraw-Hill. ISBN 978-1-259-72233-2.
reply to the students response in 150 words minimum and provide 1 reference
question
John is a 54-year-old man with diabetes. He has worked for Telco for 20 years. Lately, he has difficulty concentrating and makes numerous mistakes. He has missed several days of work due to his diabetes. Supervisor Mark wants to fire John this week. .
Student response
 
To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered. Impairment is any physiological disorder or condition or, any mental or psychological disorder which substantially limits one of life’s major activities.  The ADA prohibits employers from making adverse employment decisions on the basis of the disability of an individual as long as an individual with a disability is otherwise qualified for a position with or without a reasonable accommodation. ADA prohibits both disparate treatment discrimination and disparate impact discrimination. Disparate treatment is treating a similarly situated employee differently because of prohibited Title VII or other employment discrimination law factors. Disability is physical or mental impairment that substantially limits one or more of the major life activities of the individual. “Major life activities” are defined as activities that have central importance to daily life. The definition of “substantially limited” has significantly been broadened under the ADAAA. An impairment need not “prevent, or severely or significantly restrict,” a major life activity to consider that activity “substantially limited;” nor must it be present for a specified duration. (Bennett-Alexander and Hartman, 2019, pg. 686).
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees or applicants with disabilities in all aspects of employment including hiring, pay, promotion, firing, and more. It also protects employees from retaliation when they enforce their rights under the law. The ADA protects the following employees: An employee who has a disability. If an employee has a physical or mental impairment that substantially limits a major life activity, he or she is protected. An employee with a history of impairment. An employer can’t discriminate against an employee based on his or her previous disability (for example, an employee who is in remission from cancer). An employee who the employer regards as disabled. This is true even if the employer is wrong, and the employee is not actually disabled. If the employer discriminates against an employee based on an incorrect belief that the employee has a disability, the employee is protected by the ADA. In the case of john, he has been working for telco for 20years and haven’t had any issues with his work ethics and performance. John has been an amazing worker for the past 20yrs. Only qualified workers with disabilities are protected by the ADA. A qualified worker with a disability is someone capable of performing the essential duties of the job, with or without a reasonable accommodation by the employer. John is qualified for the job that’s why he was hired. Reasonable accommodation is an accommodation to the individual’s disability that does not place undue hardship on the employer. Undue Hardship may be determined by looking to: the size of the employer, the cost to the employer, the type of employer, the impact of the accommodation on the employer’s operations
Diabetes is considered a disability under the Americans with Disabilities Act (ADA). This law applies to any employer in the United States that has 15 employees or more. It also applies to labor organizations, joint labor-management committees, employment agencies, all state and local government employers. An employer can’t refuse to hire based solely on diabetes. the ADA also requires your employer to provide reasonable accommodations. These include changes to the workplace or routine that can help manage the condition.
In Summers v. Altarum Inst., Corp.,35 a former employee brought an action against his former employer, alleging that his termination violated the ADA. The employee was a senior analyst, whose work required him to travel to client offices. One day, while exiting a commuter train on his way to a client’s office, the employee fell and injured himself. The accident left the employee unable to walk for seven months and he was told by his doctor that, without surgery, pain medication, and physical therapy, he “likely” would be unable to walk for far longer. The Fourth Circuit held that the ADA and its implementing regulations make clear that such an impairment can constitute a disability, that the “employee’s allegations were sufficient to plead he had a disability,” and that it was reasonable for the EEOC to include temporary impairments in its definition of impairment. (Bennett-Alexander and Hartman, 2019, pg. 646). This is similar to that of Johns case, he has been a good worker and having diabetes doesn’t mean he is not qualified to do the job he did 20yrs ago. ADA protects employees who are qualified for a job with diabetes as a disability.
Supervisor Mark and the Employer should accommodate John by making changes to environment or routine. The employer needs to make reasonable accommodations. These are changes designed to help john manage his diabetes while performing his job duties. For example, allow john to keep food and diabetic supplies close at hand, allow to take regular breaks to check  blood sugar, eat a snack, take medications, or use the restroom, provide a private place for testing blood sugar and give insulin , provide a safe place for to rest until blood sugar normalizes after a hypoglycemic episode, give time off to receive medical treatments for diabetes or recuperate from complications related to diabetes, modify work schedule, allow to use a special chair or stool or take a shortcut if have trouble standing or walking due to diabetic neuropathy, provide John with a large-screen computer monitor or other assistive devices.
References:
Bennett-Alexander, D and Hartman, L. (2019). Employment Law for Business. McGraw Hill Education. (pg. 646 & 686)
ADA. (2019). Information and Technical assistance on the Americans with Disability Act. Retrieved from https://www.ada.gov/
U.S EEOC. (2019). Title VII of the Civil Rights Act of 1964. Retrieved from www.eeoc.gov
Bureau of Labor Statistics. (2016). Persons with a Disability: Labor Force Characteristics Summary.  BLS press release.
Institute on Disability/UCED. (2014). Disability Statistics Annual Report. University of New Hampshire.
Social Security Administration. (2013). Annual Statistical Report on the Social Security Disability Insurance Program. Retrieved from https://www.ssa.gov/policy/docs.