Affirmative Action: Americans With Disabilities Act (ADA)
CHAPTER 14 NOTES
Affirmative action- Probably no single employment practice has caused as much controversy as affirmative action. The very words bring to mind visions of quotas and of unqualified people being given preferential hiring treatment.However, the reality of affirmative action is substantially different from the myth; as a general rule, affirmative action plans give preferred treatment only to affected groups when all other criteria (e.g., education, skills) are equal.
Americans with Disabilities Act (ADA)- Much has been written and many monographs and primers are available concerning the Americans with Disabilities Act (ADA), which was signed into law in 1990. Therefore, we only briefly cover the law here; however, those …show more content…
Generally, the employee’s supervisor will conduct a preliminary inquiry of the complaint, commonly known as fact finding. Once it is determined that further investigation is necessary, the supervisor may conduct additional questioning of employees and witnesses, obtain written statements from those persons immediately involved in the incident, and gather any evidence that may be necessary for the case, including photographs. Care must be taken to ensure that the accused employee’s rights are not violated. The initial investigation is sent to an appropriate division commander and forwarded to IAU for review. Fact finding primarily involves the interpretation of facts and the determination of what weight to attach to them. Appointed in the same way as mediators, fact finders also do not have the means to impose a settlement of the dispute. Fact finders may sit alone or as part of a panel normally consisting of three people. The fact-finding hearing is quasi-judicial, although less strict rules of evidence are applied. Both labor and management may be represented by legal counsel, and verbatim transcripts are commonly made. In a majority of cases, the fact finder’s recommendations will be made public at some …show more content…
Employees seek to create pressure that may shift the course of events to a position more favorable or acceptable to them.49 Job actions are of four types: the vote of confidence, work slowdowns, work speedups, and work stoppages.
• Vote of confidence. This job action is used sparingly; a vote of no confidence signals employees’ collective displeasure with the chief administrator of the agency. Although such votes have no legal standing, they may have high impact due to the resulting publicity.
• Work slowdowns. Employees continue to work during a slowdown, but they do so at a leisurely pace, causing productivity to fall. As productivity declines, the unit of government is pressured to resume normal work production; for example, a police department may urge officers to issue more citations so that revenues are not lost. Citizens may pressure politicians to “get this thing
Affirmative action- Probably no single employment practice has caused as much controversy as affirmative action. The very words bring to mind visions of quotas and of unqualified people being given preferential hiring treatment.However, the reality of affirmative action is substantially different from the myth; as a general rule, affirmative action plans give preferred treatment only to affected groups when all other criteria (e.g., education, skills) are equal.
Americans with Disabilities Act (ADA)- Much has been written and many monographs and primers are available concerning the Americans with Disabilities Act (ADA), which was signed into law in 1990. Therefore, we only briefly cover the law here; however, those …show more content…
Generally, the employee’s supervisor will conduct a preliminary inquiry of the complaint, commonly known as fact finding. Once it is determined that further investigation is necessary, the supervisor may conduct additional questioning of employees and witnesses, obtain written statements from those persons immediately involved in the incident, and gather any evidence that may be necessary for the case, including photographs. Care must be taken to ensure that the accused employee’s rights are not violated. The initial investigation is sent to an appropriate division commander and forwarded to IAU for review. Fact finding primarily involves the interpretation of facts and the determination of what weight to attach to them. Appointed in the same way as mediators, fact finders also do not have the means to impose a settlement of the dispute. Fact finders may sit alone or as part of a panel normally consisting of three people. The fact-finding hearing is quasi-judicial, although less strict rules of evidence are applied. Both labor and management may be represented by legal counsel, and verbatim transcripts are commonly made. In a majority of cases, the fact finder’s recommendations will be made public at some …show more content…
Employees seek to create pressure that may shift the course of events to a position more favorable or acceptable to them.49 Job actions are of four types: the vote of confidence, work slowdowns, work speedups, and work stoppages.
• Vote of confidence. This job action is used sparingly; a vote of no confidence signals employees’ collective displeasure with the chief administrator of the agency. Although such votes have no legal standing, they may have high impact due to the resulting publicity.
• Work slowdowns. Employees continue to work during a slowdown, but they do so at a leisurely pace, causing productivity to fall. As productivity declines, the unit of government is pressured to resume normal work production; for example, a police department may urge officers to issue more citations so that revenues are not lost. Citizens may pressure politicians to “get this thing