The Case Of Turner V. Hershey

The Americans with Disabilities Act, also known as the ADA, was signed into law on July 26th, 1990 by President George H.W. Bush. According to the ADA National Network, “ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.” Under the ADA, there are five titles that guarantee civil rights for all persons with a disability. Title 1 provides an equal employment opportunity for all individuals who have a disability. They are guaranteed the same employment opportunities and benefits as people without disabilities. Title II provides people with disabilities the right
Hershey Chocolate, Turner was diagnosed with several health problems during her time at Hershey. Following her surgeries, Hershey made several reasonable accommodations for Turner, allowing her to work as a shaker table inspector for line 7, which was known to be the “light duty position.” Turner was unsatisfied with her accommodation as she had to repeatedly bend and twist her back. She requested to move to the lightest position, line 9. Hershey immediately approved her request. Since many of the line workers were sustaining repetitive stress injuries, it was in the best judgement of Hershey to enact a new rotation system, making the three lines, line 7, 8 and 9, rotate hourly. Turner received an abundance of doctor and lawyer forms because she did not want to participate in the rotation system. This ultimately led to Hershey not allowing Turner to continue to work as a shaker table inspector. When analyzing this case, Turner’s medical problems appeared to be limited to her job as a shaker table inspector. She was a qualified individual for the job and received several accommodations under the ADA, but her medical problems did not limit any major life sustaining activities. She had difficulty with very few activities. As stated in the case, “the activities in which she can participate in are limited and do not require any stretching, twisting, turning of the neck or lower back, bending, or lifting of greater than twenty
Like the ADA, the Rehabilitation Act has several sections for deciding if employment discrimination exists. Section 501 prohibits qualified individuals with disabilities from being discriminated against from federal employers. Section 503 forbids employment discrimination to any individual with a disability as well as requiring affirmative action when hiring, placing, or advancing people with disabilities by federal contractors. Section 504 prevents any government funded federal agency or policy from discriminating against individuals with a disability who are qualified for their position. Section 504 also allows an individual with a disability to receive any reasonable accommodations necessary in order for them to carry out the “essential function” of the job. It is stated that every federal agency has its own set of Section 504 regulations that apply to their specific program. Lastly, Section 508 requires federal electronic and information technology to be accessible to individuals with a disability, regardless if they are employees or members of the community. It is clear the ADA and Rehabilitation Act have several similarities in their titles and sections. The Rehabilitation Act solely focuses on equal opportunities for people with disabilities in the federal work force.