Running Head: REASONABLE ACCOMODATIONS
Nicole M. Hawkins
Session Long Project
Dr. Peggy Swigart
Organizations large and small should recognize that not everyone is cut from the same mold. At times, reasonable accommodations will be required; either at the time of employment, or upon disposition of a disability or religious need. The first of four session long projects will explore the Equal Employment Opportunity Commission (EEOC). This paper will discuss the reasonable accommodation expectations, and who enforces them. It will also present two private sector workplace examples one religion, and one disability. Expectations and Enforcement
Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all facets of public life, included but not limited to, jobs, transportation, and schools. It prohibits discrimination against individuals with disabilities whether they are workers or job applicants. The ADA affects employment matters as well as public accessibility for individuals with disabilities and other areas. Organizations with 15 or more employees are covered by the provisions of the ADA. The Equal Employment Opportunity Commission (EEOC) enforces the laws and regulations of the ADA and applies it to private employers, employment agencies, and labor unions. State government employees are not covered by the ADA; in essence this means that said persons are unable to sue in federal courts for reparation and/or damages, however; an individual may still bring suit under state laws, and in state courts. Religious discrimination under Title VII of the Civil Rights Act identifies it illegal to discriminate on the basis of religion. In both, ADA and Title VII of the Civil Rights Act, two very important words, reasonable accommodation, must be made by the employer. Reasonable Accommodation
The definition of reasonable accommodation for disability and religion vary, but are in place as protection for the individual requesting the accommodation, and that of the organization. Religion accommodations eliminate the employee’s conflict between an individual’s religious practice and their work requirements. Title VII of the Civil Rights Act identifies discrimination on the basis of religion illegal. It states that the employer must reasonably accommodate their employee’s religious beliefs/practice; as long as it does not cause undue hardship for the employer. (Mathis, et al., 2008) Reasonable accommodations allow for adjustments to a position, or work environment so as to allow skilled worker(s) with disabilities to participate in the application process, or to perform required job functions. Reasonable accommodations may also include modifications to assure that a qualified individual with a disability has the same rights and privileges of employment equal to those of a non-disabled employee. (The U.S. EEOC, 1997). This process should be a team effort; the employee should have input to determine which accommodations are appropriate this rather than employers working alone to make those determinations. In addition, some cases have taken into account that those who have the primary care responsibility for individuals with disabilities to also be protected under the ADA. Reasonable accommodation is restricted to actions that do not place an undue hardship on an employer. Disability accommodation may apply to the actual duties or how the individual performs the required tasks. According to the EEOC, the first part of the definition pertains to the impairment itself, i.e. seeing, hearing, speaking, or walking. An example, a person who is all or part mentally retarded would be covered under the ADA. However; an individual who has a non-chronic condition, such as; broken foot would not be covered. An individual with a...
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