ADA And Rehabilitation Act Of 1973: A Case Study

The problem(s) or issue(s) at the core of the case: Kenneth Jorgenson had been an Automotive Mechanic II with the Equipment Services Department of Maricopa County in Arizona since July 1, 1999. About three years later on May 16, 2003 Ken Jorgenson became injured job as he lifted a battery out of a box for Kenneth Jorgenson things at work became complicated. On June 27, Jorgenson underwent surgery and was in hospitalized eight days; he subsequently returned to work on light-duty status on November 11, 2003. For a while, things seems to be all right however, about one year later Jorgenson was reinjured on March 6, 2004. The county moved to terminate Kenneth Jorgenson 's employment in April 2004, but

In regards to the court case of Velma Bates v. Dura Automotive Systems Inc., the issue is whether or not an employers’ drug testing policy can be permissible under the ADA. The employees sued Dura’s Automotive Systems Inc. because they claimed that drug testing violated the Americans

Current drug use is the illegal use of drugs that has occurred recently enough to justify an employer’s reasonable belief that involvement with drugs is an ongoing problem. “Current” is not limited to the day of use, or recent weeks or days, but is determined on a case-by-case basis (EEOC Technical Assistance Manual on the ADA § 8.3.) The 10th Circuit affirmed, but declined to adopt a “bright line” rule that 30 days of sobriety is “per se insufficient to qualify for the ADA protection (Harrison & Wager, 2011). A “bright line” rule is defined as “An objective rule that resolves a legal issue in a straightforward, predictable manner. A bright-line rule is easy to administer and produces certain, though arguably, not always equitable results.” (Bright-line rule/Wex Legal Digtionary/Encyclopedia/LII/Legal Information Institute,

Contagious diseases such as HIV+ and AIDS are considered conditions of being disabled (DeCenzo & Robbins 2005). An alcoholic is a person with a disability and is protected by the ADA if he or she is qualified to perform the essential functions of the job (U.S. Department of Justice, 2006). However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer may also prohibit the use of alcohol in the workplace and require that employees not be under the influence of alcohol. Individuals, discriminated against because they have a known association or relationship with a person with a disability, are also protected under the ADA (U.S. Department of Justice, 2006). For example, this provision would protect a person whose spouse has a disability from being denied employment because of an employer's unfounded assumption that the applicant would use excessive leave to care for the spouse.

The Americans with Incapacities Act (ADA) got to be law in 1990. The ADA is a social equality law that forbids oppression people with handicaps in every aspect of open life, including employments, schools, transportation, and all open and private places that are interested in the overall population. The motivation behind the law is to ensure that individuals with handicaps have the same rights and open doors as other people. The ADA is separated into five titles (or segments) that identify with distinctive ranges of open life.(Eeoc.gov, 2015)

Compliance with the ADA regulations can help you avoid fines, lawsuits and unhappy customers. However, the ADA is somewhat complicated, so many property managers or owners are uncertain whether there are violations present in their parking lots. If you are wondering whether you need to correct ADA violations in your own parking lot, here are some things to check.

The ideology behind the ADA is inclusion. As stated in its preamble, individuals with disabilities are equal to every other human being, in regard to laws and civil rights. They should be allowed the same opportunities as the rest of the population to participate in all aspects of life (Introduction to ADA, 2014). Dana Lee Baker stated in her book on neurodiversity and public policy that terming a difference or an impairment as a disability is subjective and based on cultural views of how it relates to an individual’s function in society. For instance, being left-handed was once viewed as a threat to the health of the individual. Today being employed is a major function of the western culture; however, during some historical times, having to seek paid employment was seen as an impairment. Since functionality is the primary gauge for a disability, the farther a person is from the standard level of function, the greater the need is to protect the person’s civil rights in order for them to share membership in a society that views them as dysfunctional. The view of functionality changes over time and the ADA of 1990 had the task of bridging the changing definitions (Baker, 2011). Rosemary Chapin stated that the goal of the policy is not to emphasize the shortfalls of the individual, rather to view the disability “as the gap between a person’s capabilities and the environment’s demands” (Chapin, 1995, para. 23).

In the early 1970’s parents of students with disabilities went to federal court when their local school districts did not provide services to meet their children’s educational needs. In Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania (1971), a Pennsylvania court ruled that all children, regardless of disability, have a basic right to an education under the Fourteenth Amendment. In Mills v. Board of Education of the District of Columbia (1972), a federal court ruled that the District of Columbia schools could not exclude children with disabilities from the public schools. Cases like this focused public attention on the issue of educating children with disabilities. The social and political pressure then resulted in landmark federal legislation to address the educational rights of these children.

There are many acts that help the employees within the workforce. The acts we will be discussing are as follows: Americans with Disabilities Act, Age Discrimination in Employment act, Occupational Safety and Health Act, Family Medical Leave Act, and Fair Labor Standards Act. We will also be discussing harassment, diversity, and grievances.

With that in mind, it is important to remember that people who are actively using drugs are not protected by the ADA, because their drug use and behavior may actually put the people they work with at risk. So that 's why it 's especially crucial for you to get into rehab: it can actually help save your career, not end it.

Before starting this class and especially the research paper, I knew very little about the ADA. During the period of research and writing the paper I hope to obtain a better grasp on the ADA in general. But I also hope to learn some things that my current place of employment can improve our standards when it comes to those with disabilities. The ADA was signed into law on July 26, 1990 by then President George H. W. Bush. It prohibits discrimination based on disability and only disability. It is fairly similar to the Civil Rights Act of 1964.

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

As stated by the founding fathers of America “All men are created equal.” Black, white, brown, short, tall, smart, and dumb, all are created equally. Therefore every person deserves fair judgement. Unfortunately, it is a profound fact that not everyone is born normal and capable of task typical for a common person, who is free from disability. In my opinion, the quote “All men are created equal” serves to promote a friendly environment that helps encourage equality among people and aids to recognize the similarities rather than the differences that separates men. Even so, with this hope, the disabled community still struggles for equality. According to Legal Rights by the National Association of the Deaf (NAD), “Almost 10 percent of all

It is an illegal drug, which the individual picks it by choice. (Substance abuse under ADA). Cheryl’s Alcohol problem is not a considered disability. In the Substance Abuse under ADA article, it stated that “The ADA provides that any employee or job applicant who is “currently engaging” in the illegal use of drugs is not a “qualified individual with disability” because of Sometimes the individual does not even know what they are drinking. Alcohol could combine with other different drugs, which could affect the individuals physically. (Substance abuse under ADA). The individual is in constant drug use, which does not consider a disability. The qualified individuals are for those who are still attending rehabilitation programs and not using drugs anymore.

The ADA also protects people who suffer from alcoholism since it is regarded as a disability. It is illegal for employers to terminate an employee due to alcoholism. However, employers can fire the employees who fail to perform to the expected standards due to the use of alcohol. There are several things that the EEOC can do to help those discriminated against (Reminger.com, 2015). They commission also assist the small businesses to understand the laws and provide training and resource as well as technical assistance to both the employees and their employers. In so doing, the EEOC falls within its mandate to make sure that there is sanity in the job markets and that everyone is treated