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The Americans With Disabilities Act (Ada) In The Workplace

1740 words - 7 pages

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, 2011). It is mandatory for organizations to make necessary accommodations for the employee’s disabilities unless it would create an undue hardship to the organization. However, new laws were passed stating that if accommodations would be too burdensome, and no other solutions can be found for the job, the disable person must be given another vacant job (Sotoa & Kleiner, 2013). The requirements for employers under ADA are very strict and organizations must work diligently to provide the needs of the employees with disabilities to comply with the law.
There are many disabilities that are under ADA. The definition of a disability is any medical condition that substantially limits a person’s ability to perform major life activities (Sotoa & Kleiner, 2013). The major activities include walking, seeing, breathing, hearing, performing manual tasks, caring for oneself, sitting, standing, thinking, and learning (Broersen, Mulders, Schellart, & van der Beek, 2012). There may be a number of cognitive and/or behavioral disabilities also. However, the most common disabilities in the workplace are lower back, disorders, depression, heart or pulmonary diseases, deafness or difficulty hearing, blindness or blurry vision, and arthritis (Sotoa & Kleiner, 2013). Every employee in the organization should be given the necessary accommodations to make sure they are working in an environment that is safe. Organizations struggle with ADA because they are unaware of the guidelines set by the law and they lack the expertise to manage the needs for the employees.
Every person in the organization with a disability has a different need. Organizations work around the clock in many occasions to comply with the accommodations of each individual in the organization. Educating staff in how to comply with the requirements of ADA can be quite challenging. Organizations are afraid to hire, retain or accommodate workers with disabilities because of lack of awareness of disability and accommodations issues, concern over costs, and legal liability (Kaye et al., 2011). It is therefore the responsibility of the organization to educate management about the law and train on disabilities and accommodations. The guidelines, regulations, and building codes...

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