Americans with Disabilities Act and the Americans with Disabilities Amendments Act

Question 1

Introduction

The Americans with disability act protects qualified employees and applicants with disabilities from discrimination during hiring, discharge, promotion, job training, pay, classification, referral and fringe benefit among other employment (Equal Employment Opportunities Commission, 2010). It also requires employers should provide qualified employees and applicant with disability with reasonable accommodations if they will not impose any undue hardship.

            It is our company’s policy to comply with all laws, both federal and state regarding employment of individuals with disabilities.  We also act according to the regulations and guidance as stipulated by the Equal Employment Opportunity Commission. Furthermore, it is our policy to offer no discrimination against qualified persons with disabilities regarding the various privileges and conditions of employment. However, our employment policy allows for the rejection of applicants or firing of employees that pose a direct threat to the safety and health of other individuals at the carnival circuit or carnival plant (that includes both employees and customers).

Persons with Disabilities

The company regards the following individuals as having disabilities: one who has a mental or physical impairment that greatly limits his/her ability to undertake major life activities, one with a record of an impairment or, one regarded to be having such (Jasper, 2008). On the other hand, a qualified applicant or employee with disability is one who can perform various essential job functions.

Reasonable Accommodations

            The company provides reasonable accommodations to all qualified employees or applicants with disability. However, this occurs in a case or situation where it will not impose any undue pressure to normal business operations. Not all persons with disabilities require the same type of accommodation. As a result, accommodations will vary depending on the needs of an individual employee or applicant.

            Undue hardship is any action that requires significant expense or difficulty when considering other factors such as the company’s financial resources, size, structure, and nature of operations (Gold, 2011). In light of this, the company’s policy does not allow lowering of production or quality standards in order to make an accommodation. Additionally, the company is also not to make provision of personal use items for instance hearing aids or glasses.

            We provide reasonable accommodation upon by the request of a person with disability. In cases where the company finds that a medical condition is resulting in a conduct or performance problem, the employee will either be requested to provide a solution to the problem or asked if he/she is in need or reasonable accommodation. Once an employee has requested reasonable accommodation, he/she should discuss with the Human Resource department of his/her individual needs to identify the most appropriate reasonable accommodation.  In instances where a number of accommodations will work, the company will choose one that will be easier to provide and less costly.

Medical Inquiries and Examinations

            It is the company’s policy not to ask applicants on the existence, severity and nature of a disability. Nevertheless, applicants questioning is done on an individual’s ability in performing specific job functions. Medical conditions may be conditioned but only when the examination is a requirement of all applicants in similar jobs. Moreover, the medical examinations will be job related and consistent with our company’s business needs. All medical records are confidential with limited exceptions. This implies that all requests for reasonable accommodation are considered medical information and will be subjected to confidentiality requirements (Perritt, 1991).

Alcohol and Drug Abuse

            The ADA does not cover applicants and employees engaging in drug and alcohol abuse. Consequently, the company can act on such basis. Tests carried out for illegal drugs do not fall on the ADAs medical examinations restrictions (Perritt, 1991). Therefore, our policies hold alcoholics and illegal drug users to the same standards of performance as other employees.

Conclusion
            The Company’s anti-discrimination policies comply with the country’s equal opportunity laws.  We prohibit harassment and discrimination of any kind in the work place. For any queries or accommodation requests, contact the Human Resource Department.

Question 2

The policy contains information and guidelines on anti-discrimination of people with disability, depending on the nature of business the company conducts. Since the company deals in carnival circuit, it therefore implies that employees and applicants with disability will clearly require a substantial amount of reasonable accommodation. This is because the company will most probably be creating and offering various rides such as flat, amusement, gravity and vertical rides. All these will create a necessity of various forms of accommodations such as making existing facilities readily accessible and usable by individuals with disabilities, modifying of equipment, and job restructuring.

            One may regard anti-discriminatory policies as important general laws that apply to all organizations. For this reason, I saw no need to look into other employers as curbing of harassment  and discrimination of people with disability is a cab be said to be a universal law that is available in many, if not all companies.

Question 3

            I would issue this document to my supervisors. This is because they need to be clearly aware of the ADA, what it entails and the treatment of employees with disabilities in this particular company. In addition to this, the supervisors have the responsibility to ensure that the Human resource Department has all the required accommodations. Conclusively, it is important for individuals at the supervisory level to understand these policies in order for them to ensure effective and smooth running of the business operations and to avoid any lawsuits against the company.

References

Equal Employment Opportunities Commission, (2010). EEOC – Employment Discrimination, Diversity,             Harassment, Gender and Labor issues: Disability. Retrieved February 21, 2015, from             http://eeoc.com/

Gold, S. D. (2011). Americans with Disabilities Act. New York: Marshall Cavendish Benchmark.

Jasper, M. C. (2008). Americans with Disabilities Act. New York: Oceana.

Perritt, H. H. (1991). Americans with Disabilities Act handbook. New York: Wiley Law Publications.