Disability, Recruitment and Selection
Recruitment and selection is a critical process for an organization, because the inaccuracies that occur during the recruitment and selection process can pass the costs on to an organization and detract the organizations overall efficacy. The overall objective of the recruitment and selection process is to select and appoint the best fit and/or most suitable candidate for the job. This also includes those applicants with disabilities. The recruitment and selection process is to ensure that all recruitment and selection procedures meet the terms of the equal opportunities policies. If the selection process is used inappropriately it may have the potential to discriminate against certain groups, for example, age, gender, and people with disabilities. Additionally, the process should also ensure that appointments are made on merit and that the candidate has the skills, qualities, abilities and experience necessary to do the job successfully. The central requirement of Title I of the American with Disabilities Act of 1990 is as follows: Employment discrimination is illegal against persons with disabilities who are able to execute the essential junctions of the job with or without rational accommodation. Apparently, persons who are blind, hearing impaired, or wheelchairs bound are individuals with disabilities. But the grouping also includes people who have a controlled injury. For instance, a person with epilepsy is disabled even if the epilepsy is controlled through medication. The impairment could be physical or mental, and not due to environmental, cultural, or economic causes. (American with Disabilities Act of 1990, as amended, 2009) Titles 1 and V of the Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate against a qualified individual with a disability with regards to employment. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. Disabilities, when referred by the ADA, is defined as a physical or mental impairment that substantially limits a major life activ¬ity; a record of such an impairment; or being regarded as having such an impair¬ment. The ADA further states, “An impairment may be any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body’s multiple systems, including the special sense organs, neurological, musculoskeletal, respiratory, cardiovascular, reproductive, digestive, skin and endocrine systems” (Disability and HR, 2012). The purpose of this act as provided by (EEOC, 2012) is to: (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day ¬to¬ day by people with disabilities. Why is this important? The ADA defined what a disability is to set guidelines on whom is considered disabled to decrease the number of disability discrimination claims. Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, treats a qualified individual with a disability unfavorably because they have a disability. Disability discrimination also occurs when a covered employer treats an applicant or employee less favorably because...
References: American with Disabilities Act of 1990, as amended. (25). Retrieved Oct 5, 2012, from http://www.ada.gov/pubs/ada.htm
Disability and HR. (2012). Retrieved Oct 5, 2012, from http://www.ilr.cornell.edu/edi/hr_tips/article_1.cfm?b_id=27&h_id=2&view=true#hid2
Disabled in America Infographic. (01). Retrieved Oct 5, 2012, from http://www.disabled-world.com/disability/statistics/american-disability.php#ixzz28vU8uPcr
EEOC. (2012). Retrieved Oct 5, 2012, from http://www.eeoc.gov/laws/types/disability.cfm
EEOC. (2012). Retrieved Oct 5, 2012, from http://www.eeoc.gov/laws/statutes/ada.cfm
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