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Legal aspects of employing individuals with disabilities
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The case study introduces the idea of employing individuals with disabilities. Walgreens opened two facilities that are set on hiring majority of its employees being those with disabilities. With this week’s topic covering discrimination, this is a great concept. Although, individuals with disabilities face certain challenges that those without disabilities do not have to worry about; they are still able to do certain tasks, and therefore are able to work and must not be discriminated against. Walgreens has set the scene for what other companies should be striving to do. The case study mentions Walgreens as having “developed a reputation as a company that offers meaningful jobs to people with diverse backgrounds with equal opportunity for …show more content…
Some intangible benefits include the example they have set for other companies to mimic. This company has set the standard in a sense; they have gained a good reputation for offering meaningful jobs to those with disabilities. The Americans with Disabilities Act of 1990 states that, “employment discrimination is prohibited against individuals with disabilities who are able to perform the essential functions of the job with or without reasonable accommodation” (Gomez-Mejia, Balkin, Cardy, 2012). Walgreens is not being discriminatory in anyway against disabled individuals; the company is giving the individuals the opportunity to …show more content…
This may be very costly, but is all worth it with the productivity and efficiency these employees provide. Disabled employees bring diversity to the workplace and have also been noted to make the work environment more enjoyable they bring other expertise to the workplace.
Not only is discriminating against those who are disabled illegal, but also could cost you great resources. Hiring disabled employees provides loyal, dedicated, and productive employees to an organization (Owen, 2012). Many articles in studying this topic mention greater productivity from those disable employees. This could be from their gratefulness for such a great opportunity to be able to work when they have the desire. In the case study the Walgreens facility’s “efficiency increased by 20 percent” (Gomez-Mejia, Balkin, & Cardy,
Walgreens states that they will treat each other with respect and dignity and do the same to all served. They will offer employees of all backgrounds a place t...
Walgreens is a substantial affluence in the United States, as it is one of the leading drugstore chains in the market. Recently, we have looked into bringing the company to Canada in hopes of attaining the same or greater level of success. Walgreens in Canada could be the perfect fit, as the 24 hour availability along with the “one stop shop” experience and convenient prices would be beneficial to the many people living there. The drugstore and pharmaceutical market, location, and culture are all taken into consideration in order to establish if the company would be successful in Canada.
The movement continues to make great strides towards the empowerment and self determination ("Disability rights movement," 2005, p. 3). On the other hand, it has not completely broken down barriers that continue to create the dynamics of oppression among such individuals. For instance, WIOA can be harmful to individuals with disabilities because there are still societal prejudices and biases associated with the stereotypical portrayal of people with disabilities and WIOA has played a role in it. For example, WIOA networks with employers to hire individual’s with disabilities and place them in conventional settings, where they work with others who have disabilities, for example, Walgreen’s and in fact, these participating organizations have also increased their pay. In my opinion, individual’s with disabilities should be able to work with individuals who are not disabled, as well. Furthermore, pay for those individuals who are still considered to be in “sheltered” work programs have not received an increase in pay. Additionally, according to my studies, in 2012, less than 30 percent of Florida’s civilians with disabilities between age 18-64 living in the community were employed. There is a greater priority focused on young people who are disabled. This is an additional issue in my opinion which can be considered discrimination, because, the focus leaves out middle aged individuals as well as,
The Americans with Disabilities Act (ADA) is probably the most comprehensible formulation of disabled individuals’ rights. The ADA officially became a law July 26, 1990 signed by President Bush. To understand the impact of the ADA, one must understand that almost every individual or family is touched by an experience of disability at one time or another. The necessities for state and local government, transportation, employment, and telecommunications can latently benefit everyone. An important point to understand is unlike people who have experienced discrimination based...
Most afflicted adults were stored away in the back rooms of houses, and children with mental disabilities were given up into adoption or aborted. In addition, Hahn reiterates that legislative polices have pronounced people with disabilities as unfit for society, unable to be hired to do work. People with disabilities are in no way “unemployed” because they can not do work. Hahn’s article, “Disability and the Urban Environment: A Perspective on Los Angeles,” which was published in 1986 is outdated, and the thoughts should be reconsidered. In the Disability and Discrimination Act of 1995 and 2005, it lays out policies that ban employers from discriminating against disabled people, when hiring (The Disability and Discrimination Act). It aims to ensure equal opportunity and a level of fairness in the workplace. Since 1986, the social structure of society has adapted and evolved over time. Nondisabled people are more liberal, and they are accepting; however, there still remains a level of discrimination. Even though they are more aware of the inequalities that exist today, people look down on the disabled population. As a society we need to make drastic improvements, in terms of attitudes. Disability should be viewed in a positive light: instead of a burden, disabled people should be part of the community. Disabled people should not have to deal with the social stigma of being different; it is part of what makes them stronger and more will
I believe the Americans With Disabilities Act is the most important precedent set in the struggle against all discrimination for persons with disability. In this paper I will give a brief description of the statutes set by the Americans With Disabilities Act, pertaining to disabilities in the workplace. I will then discuss what employers are required to do according to the A.D.A. and some of the regulations they must abide by. The next section of this paper will discuss the actual training of employees with disabilities with a highlight on training programs for workers with mobility and motion disabilities. The following section of this paper will discuss the economic effects of a vocational rehabilitation program. Finally this paper will conclude with a brief discussion of what the measures set by the Americans With Disabilities Act means to the actual workers and people it benefits.
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.
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
The Americans with Disability Act of 1990 (ADA) was put into force to protect employees from discrimination with disabilities in the area of employment. A person with a disability can be defined under the ADA as someone who has a physical or mental impairment which considerably limits one or more of major life activities. “It has been estimated that nearly one in five Americans has one or more physical or mental disabilities”(law book pg115). The ADA federal law requires that employers with 15 or more employees not to discriminate against applicants and current employees with disabilities and, when needed, provide reasonable accommodations to these individuals who are more than qualified to work. These individuals are protected in regard to the application process, hiring, advancement, firing, compensation/benefits, training or other privileges of employment. If an individual is requesting accommodation due to a disability and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workspace safety must be given the same consideration for employment as any other applicant. An employer is not obligated to hire anyone that is not qualifies to what is considered the essential functions of the job according to the ADA. An accommodation under the ADA must allow the employee enjoy equal benefits, given an equal opportunity for the person with the disability to be considered for the job and to perform the essential functions.
The Americans with Disabilities Act of 1990 that was signed into law by George H. W. Bush is one of the most comprehensive pieces of legislation dealing with civil rights today. It was instrumental in protecting the rights of the mentally and physically disabled. The law has made many contributions to America as a country and helped it enter the modern world as a socially diverse nation. It was amended in 2008 by George W. Bush, who continued the work of his father in protecting disabled peoples rights. The specific company that will be the focus of the paper is Stater Bros. Markets. Stater Bros. is the premier supermarket in Southern California and does 3.9 billion in sales annually. The paper will also analyze how this legislation has affected the country and businesses as a whole.
If everyone is entitled to all the rights and freedom that is set forth in the Declaration, disabled people should not be robbed of their rights. However, they are still devalued from conducting common tasks which puts them at the bottom of the priority list as an employee and even so as a friend. In search to solve this problem, according to “The Disabled” by Bender, D. on July 26, 1990, President G...
With the Walgreen's proposed acquisition of Rite Aid, we posed 3 questions to our members. Here are the questions and the results:
It prohibits discrimination on the basis of real or perceived physical or mental disabilities. Many observers have termed it as the most important legislation against discrimination after the Civil Rights Act of 1964. In fact, this legislation is seen as the outcome of that historic legislation. However, its impact and implications has proven to be more controversial than the highly regarded Civil Rights Act. Businessmen and private firms in particular have been against this legislation for the very start because they believe that it brings in unnecessary burden upon the firms. It is not financially feasible for them to hire individuals with disabilities and they see problems with prohibition of questions like ‘what can you bring to this organization?’ In fact, there have been some studies that concluded that this Act has led to higher unemployment rates among people with disabilities. For example, in 2001, a Current Employment Survey found a sharp drop in the employment of disabled workers. It appears that when economic conditions worsen, people with disabilities are the first ones to be axed from
Persons with disabilities encounter countless environmental and societal barriers which affect their daily lives. There is numerous definitions worldwide and in Canada for the term “disability”, and debates about who is considered a person with a disability. Winkler gives an elaborate definition of this term which will be used to define disability throughout this paper. Above and beyond the general definition, Winkler states “Persons with disabilities include those who have long-term physical, mental, intellectual, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others” (2009, p. 329). Winkler mentions that in addition
Employee stakeholders have another story. The discrimination lawsuits ranging from female employees not getting equal pay or equal positions, to disabled employees, class-action lawsuits stating that Wal-Mart doctors questionnaires to prevent disabled workers from applying, Wal-Mart does not rank very high with these employees. Lawsuits stemming from Wal-Mart’s failure to monitor labor conditions at oversea factories and hires illegal immigrants add to the rift in relations between the employees and the company. Wal-Mart continues to deny charges...