Employment Law - Adaaa
Scenario Summary:
After viewing the Tutorial, completing the reading, and reviewing the Lecture notes in conjunction with the TCO, answer the following questions relating to ADA expanded by the ADAAA. If such a situation occurred in your workplace and you were the director of human resources:
You are Role/Assignment: 1. Would you deem Karina disabled under the ADAAA? If so, what reasonable accommodations would you offer to her?
Karina has a medical condition requiring her to take steroids and other medications. This condition led to Karina gaining weight and not able to wear two uniform items, the stockings and heels. These conditions affect her back, circulatory system, and endurance level. Additionally, according to her doctor, Karina must stop wearing the stockings and heels because of her condition. Based on this information, Karina does qualify as “disabled” even if she does not display symptoms that interfere with her ability to perform her duties. By taking medication, Karina is mitigating (reducing) the effects of her illness. However, her employer cannot consider this information in determining if she has a protected disability under the ADAAA. Karina and her employer should agree on an acceptable resolution that will meet her medical requirements, easily identify her as an employee, and ensure she presents a professional appearance. To accommodate Karina reasonably, the employer could offer her the opportunity to wear lower heeled (or flat) shoes without stockings. Another alternative would be to allow her to wear pants and flat shoes or black tennis shoes. 2. From an ADA policy standpoint, what would your ideal be in terms of an employer ADAAA policy? What would your ideal be as to what the employee (Karina) should be told by the HR department in regards to her rights and obligations pursuant to the ADAAA? From the employer policy perspective, focus on identification of reasonable accommodation requirements under
After viewing the Tutorial, completing the reading, and reviewing the Lecture notes in conjunction with the TCO, answer the following questions relating to ADA expanded by the ADAAA. If such a situation occurred in your workplace and you were the director of human resources:
You are Role/Assignment: 1. Would you deem Karina disabled under the ADAAA? If so, what reasonable accommodations would you offer to her?
Karina has a medical condition requiring her to take steroids and other medications. This condition led to Karina gaining weight and not able to wear two uniform items, the stockings and heels. These conditions affect her back, circulatory system, and endurance level. Additionally, according to her doctor, Karina must stop wearing the stockings and heels because of her condition. Based on this information, Karina does qualify as “disabled” even if she does not display symptoms that interfere with her ability to perform her duties. By taking medication, Karina is mitigating (reducing) the effects of her illness. However, her employer cannot consider this information in determining if she has a protected disability under the ADAAA. Karina and her employer should agree on an acceptable resolution that will meet her medical requirements, easily identify her as an employee, and ensure she presents a professional appearance. To accommodate Karina reasonably, the employer could offer her the opportunity to wear lower heeled (or flat) shoes without stockings. Another alternative would be to allow her to wear pants and flat shoes or black tennis shoes. 2. From an ADA policy standpoint, what would your ideal be in terms of an employer ADAAA policy? What would your ideal be as to what the employee (Karina) should be told by the HR department in regards to her rights and obligations pursuant to the ADAAA? From the employer policy perspective, focus on identification of reasonable accommodation requirements under
References: 1. Bennett-Alexander, Dawn D. Employment Law for Business. 6. VitalSource Bookshelf. McGraw- Hill Learning Solutions, 2009, Saturday, March 17, 2012. http://online.vitalsource.com/books/0077588967/outline/Root 2. Society for Human Resource Management. ADA: ADA/ADAAA Policy. Retrieved 1 Apr 2012, from http://www.shrm.org/TemplatesTools/Samples/Policies/Pages/ADAADAAAPolicy.aspx 3. The U.S. Equal Employment Opportunity Commission. The Americans With Disabilities Act: Applying Performance And Conduct Standards To Employees With Disabilities. Retrieved 1 Apr 2012 from http://www.eeoc.gov/facts/performance-conduct.html