Analysis of the Paul Cronan Case
I. Legal Analysis, Issue 1
Issue: Does party bringing suit (Plaintiff – Paul Cronan) qualify under the ADA for disability?
Rule:
In Review of ADA and the principles set forth at that time, there are several relevancies to consider here. A disability is described as follows:
“For purposes of nondiscrimination laws (e.g. the Americans with Disabilities Act, Section 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), a person with a disability is generally defined as someone who (1) has a physical or mental impairment that substantially limits one or more "major life activities," (2) has a record of such an impairment, or (3) is regarded as having such an
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This information is readily available on the World Wide Web at the following location http://www.usdoj.gov/crt/ada/publicat.htm#Anchor-14210.
II. Legal Analysis, Issue 2
Issue: Is New England Telephone guilty of discrimination against Paul Cronan strictly because he has a disease that is disabling called HIV/AIDS?
Rule: “The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.”
This information is readily available on the World Wide Web at the following location http://www.usdoj.gov/crt/ada/pubs/ada.txt In relation to the situation, the following data is also pertinent: “Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.
The first part of the
The Americans with Incapacities Act (ADA) got to be law in 1990. The ADA is a social equality law that forbids oppression people with handicaps in every aspect of open life, including employments, schools, transportation, and all open and private places that are interested in the overall population. The motivation behind the law is to ensure that individuals with handicaps have the same rights and open doors as other people. The ADA is separated into five titles (or segments) that identify with distinctive ranges of open life.(Eeoc.gov, 2015)
“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity
According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.
The ADA was approved by the United States Congress in 1990 and is an extension of The Civil Rights Act of 1964. This law protects individuals from employment discrimination based on disability. “The purpose of this section is to ensure that people with disabilities are not excluded from job opportunities or adversely affected in any other aspect of employment unless they are not qualified or otherwise unable to perform the job” (Guido, 2014, p.277). Not only the disability can be physical such as a person in a wheelchair, people that might have visible symptoms as fatigue, kidney or heart diseases that limit a person's attitude. In this case the employer must evaluate to offer a reasonable accommodation in the preparation for the employee
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,
The Americans with Disabilities Act (ADA) took effect in 1990 under the auspices of president George Herbert Walker Bush. This act serves as an extension of the Civil Rights Act of 1964, in a sense, in that it ensures that those with disabilities could not be discriminated against in much the same way that people could not be discriminated against on the grounds of sex, race, religion, and other factors denoted in the former act. A key component of this act is the fact that disabilities included those related to both physical as well as mental impairment. Although certain conditions could certainly set a precedent for what constitutes as a disability, disabilities still must be proven on an individual basis. This act became amended during the presidency of George Walker Bush to give supplemental protection to workers who are disabled.
The Americans with Disabilities Act (ADA) provides protection against discrimination based on disability. Disability is defined in the ADA as a mental or physical impairment that substantially limits one or more major life activities. These protections extend to individuals who have a record of a mental or physical impairment that substantially limits one or more major life activities, or who are perceived or regarded as having a mental or physical impairment that substantially limits one or more major life activities.
One of the current social policies in place that protect the rights of the Deaf and hearing impaired is the Americans with Disabilities Act. (The Americans with Disabilities Act, 1990 ) The ADA is a body of laws and policies that bans discrimination against those with disabilities. This includes the deaf and hearing impaired population. The ADA has four sections that cover: employment, public accommodations, government and telecommunications. In order to be compliant with the ADA, employers are compelled to inquire about the types of accommodation needs the deaf employee has so that they may work alongside others with the least amount of distractions or interruptions.
The law “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” (What, n.d.). To ensure that people with disabilities have equal employment opportunities, employers must provide reasonable accommodations to qualified employees (What, n.d.). In 2015, 17.5 percent of people with a disability were employed and the unemployment rate for people with a disability decreased to 10.7 percent (Persons, 2016). According to the ADA, a disability is “a physical or mental impairment that substantially limits one or more major life activities” (Glossary, n.d.). Thus, Leeanne Convery’s inability to return to her pre-baby weight is not considered a disability because it does not prohibit her from performing major life activities, such as caring for herself, seeing, hearing, and
The Americans with Disabilities Act (ADA, 2010) forbids any discrimination against those with disabilities. The policy applies to employment, public accommodation, commercial facilities,
The signing of the American’s with Disabilities Act (ADA) on July 26, 1990, was one of the largest gatherings for the signing of a piece of legislation in the history of the United States. It passed Congress with overwhelming bipartisan support. President George H.W. Bush hailed the bill as an unambiguous civil rights achievement. The ADA expands civil rights to disabled individuals similar to those provided to on the basis of race, gender, age, and religion. It is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. The intent of the ADA is to ensure equal access to programs and services for those who are disabled. It seeks to do so by fostering employment opportunities,
ADA prohibits discrimination in employment, public services, public accommodations, state and local government, and telecommunications. The ADA became law on July 26 1990. The American with Disabilities Act is divided into 5 sections that address each individual topic of the 5 I gave. (eeoc.gov, n.d.)
On January 1, 2009, a piece of legislature made significant changes to the ADA and expanded on the original definition of the ADA regarding the word “disability” (Chalofsky, 2014, p. 303). This came to be known as the American Disability Acts Amendments Act (ADAAA) (“Age Discrimination in Employment Act (ADEA),” n.d.). For an employee or applicant to make a request regarding a reasonable
Having said that, we must also understand that carrying out the regulations of the ADA does not stop at applicant screening and recruitment. But rather, concerns the entire employee service period. Consequently, human resource (HR) professionals must analyze the employment process with the ADA in mind. As an example, when creating a benefits program, they must assure that equality for those with disabilities is measured in the programs. If an organization were to offer the benefit of a cafeteria discount, the facility has to ensure there are accommodations for those with disabilities to take advantage of this benefit.
The Institute is committed to complying with all applicable provisions of the Americans With Disabilities Act ("ADA"). It is the Institute 's policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual 's disability or perceived disability so long as the employee can perform the essential functions of the job. Consistent with this policy of nondiscrimination, the Institute will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who has made the Institute aware of his or her disability, provided that such accommodation does not constitute an undue hardship on the Institute.