The Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC)
Preemployment screening can help management avoid hiring problem employees. However, employers must carefully walk through the screening process, or they may find themselves in violation of the discrimination laws set by the Americans with Disabilities Act (ADA).
Security Management, with the assistance of legal experts, has reviewed the docket of 131 recent ADA cases at the Equal Employment Opportunity Commission (EEOC) to see whether any instructive trends are evident. The docket consists of ADA cases currently under litigation or recently decided. Most of the cases reviewed concerned preemployment issues, rather than disagreements that arose during employment.
The ADA divides employment into three time periods: before the job offer, after the job offer, and employment. During the first stage, an employer is not allowed to ask questions that are likely to cause the applicant to reveal a disability. At this stage, the employer cannot require medical tests and can only ask whether an applicant can perform essential job-related functions, with or without reasonable accommodation.
After an offer has been made but before the applicant has started working, employers have the freedom to ask any type of medical question or require any medical test, but employers are limited in what they can do with this information. At this stage, the job offer is considered conditional; however, a conditional offer can be withdrawn only under two conditions: if the test reveals that the applicant cannot perform the essential functions of the job (with or without reasonable accommodation) or if placing the candidate in the job-given the applicant's medical condition-would pose a direct threat to the health or safety of the applicant or other employees. As an example of the second situation, an employee who suffers intermittent, unpredictable blackouts could not drive a forklift without posing a direct safety threat in the workplace.
For current employees, employers can only require medical tests or ask medical questions when they are job related and necessary for business reasons. The only exception is drug testing. The ADA does not protect current users of illegal drugs, nor does it consider drug testing a medical exam. Thus, employers have the right to test their employees or applicants for unlawful drugs at any time.
The ADA prohibits employer discrimination against qualified individuals with a disability in regard to application procedures, hiring and firing, promotions, pay, training, and other terms, conditions, and privileges of employment (Hernandez, 2001). This applies to the entire range of employer-employee relationships, including testing, work assignments, discipline, leave, benefits, and lay-offs. In addition, the ADA prohibits retaliation against individuals w...
Moran, John Jude. "Disability Discrimination." Employment Law: New Challenges in the Business Environment. Upper Saddle River, NJ: Prentice Hall, 2014. 413-14. Print.
Right from the start it is seen how level-headed Ralph is. There are many things he does throughout just the first five chapters that can be seen as how he genuinely cares for the others on the island. He sets rules in regards for the safety of his peers. Ralph
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
Firstly, a notable trait that distinguishes Ralph from the other children on the island is his ability to think more rationally. As the boys become influenced by Jack’s rule, they regress into uncivilized savages that lack discipline. Whereas, Ralph is wisely able to keep the boys under order, which is particularly apparent through the meetings that he regularly holds. It is in those meetings that circumstances can be confronted with rationality and equanimity. For example, Ralph instructs the boys with, “I’ll give the conch to the next person to speak. He can hold it when he’s speaking,” (Golding 36). By saying this, Ralph enforces his role of a leader by making rules for the boys on the island to
“We take care of animals, and the animals take care of us.” (Rollin 212). The preceding phrase is a policy that American farmers in the old west lived their lives by. Modern farmers live do not live their lives anywhere near to this phrase because they own factory farms, and the whole reason for having a factory farm is to fit as many animals in a small space as possible in order to maximize profit. Factory Farms, or Concentrated Animal Feeding Operations (CAFO) first appeared in the 1920s, right after Vitamins A and D, because if animals are given these vitamins in their diets, exercise and sunlight are not necessities for the animals to grow anymore (In Defense of Animals 1). The growing number of factory farms is coupled with the decreasing population of rural areas, which means that many people are beginning to factory farm because it yields a higher profit (“Agricultural Sciences” 170). In the 1950s, the average number of chickens on a given egg farm in the United States was 100, but now the average number is a shocking 10,000 chickens (“Factory Farms” 4). The reason for the increase of chickens has to do with new and cheaper technology developed just after World War II. The new technology increased the number of chickens, while it had the opposite effect on dairy and meat cows, their numbers went in the other direction. The number of cows used for milk was cut by more than half between 1950 and 2000, because farmers discovered new and more efficient methods for milking cows (Weeks 4). Many activists for animals’ rights are concerned about the methods used by factory farmers because they confine their animals into tight spaces and since there are so many of them in a small ...
Blood pressure is a measurement of the force against the walls of your arteries as your heart pumps blood through your body. Hypertension is another term used to describe high blood pressure. This common condition increases the risk for heart disease and stroke, two leading causes of death for Americans. High blood pressure contributed to more than 362,895 deaths in the United States during 2010. Approximately 67 million persons in the United States have high blood pressure, and only half of those have their condition under control. An estimated 46,000 deaths could be avoided annually if 70% of patients with high blood pressure were treated according to published guidelines (Patel, Datu, Roman, Barton, Ritchey, Wall, Loustalot; 2014).
express ones ideas or opinions (Golding 12). However, Ralph is not the only boy on the island who is looking to lead the boys, and he finds that out when Jack marches his band members in a militant style to the platform where Ralph is deciding what needs to be done for their survival (Golding 15-16). Jack quickly became a cruel and dominating person who tries to impose fear onto the boys in order to gain his own control. This is evident when he begins opposing Ralph’s ideas about building a fire and picking fruit, to make himself look bigger and somewhat tough (Golding 22). However, a vote is thought up by one of the boys and Ralph’s democratic and orderly style of leadership is elected and he becomes the leader of the group (Golding 19). Ralph begins by organizing the boys to branch off in-groups and work for their benefit, such as keeping the fire going, building huts and scanning the island for anything worthwhile (Golding 38). He believes that if everyone contributes by taking on one of the roles for survival, the entire group will benefit and hopefully be saved. Again, Jack opposes to the ideas of Ralph. He h...
...overlooked in the workplace. Title VII has changed the pre-employment process in that the interviewer must be careful in the questions that are posed to the interviewee. The interviewer should not ask questions that can be deemed discriminatory. A rule of thumb is to limit questions that have to do with a person’s private life. As an employer, it must be made clear that discrimination will not be tolerated in the workplace. Employers and employees need to become familiar with what constitutes discrimination. Employees need to be informed of the employer’s position as it relates to workplace discrimination. An employer should adopt policies that address this issue in the form of employee handbooks and/or in house training for all employee levels, including what steps will be taken for violations. If the employer and employee work together to prevent these forms of discretions, it can help curtail some of the litigiousness surrounding this issue.
...o find a balance between interventional and non-interventional birth. With this being said, I also understand that there are strict policies and protocols set in place, which I must abide to as a healthcare provider, in any birth setting. Unfortunately, these guidelines can be abused. Christiane Northrup, MD, a well recognized and respected obstetrician-gynecologist has gone as far as to tell her own daughters that they should not give birth in a hospital setting, with the safest place being home (Block, 2007, p. xxiii). Although I am not entirely against hospital births, I am a firm believe that normal, healthy pregnancies should be fully permissible to all midwives. However, high-risk pregnancies and births must remain the responsibility of skilled obstetricians. My heart’s desire is to do what is ultimately in the best interest of the mother, and her unborn child.
Schipani, C. (2013). Class Action Litigation After Dukes: In Search of a Remedy for Gender Discrimination in Employment. University of Michigan Journal of Law Reform, 46(4), 1249-1277.
In William Golding's novel, Lord of the Flies Ralph though not the stronger person, demonstrates a better understanding of people than Jack which gives him better leadership qualities. Ralph displays these useful human qualities as a leader by working towards the betterment of the boys' society. He knows the boys need stability and order if they are to survive on the island. He creates rules and a simple form of government to achieve this order. Jack does not treat the boys with dignity as Ralph does. Ralph understands that the boys, particularly Piggy, have to be given respect and must be treated as equals. This makes Ralph a better leader as he is able to acknowledge that he was not superior to any of the other boys. Ralph's wisdom and ability to look to the future also make him a superior leader. Ralph has the sense to keep his focus on getting off the island. He insists on keeping the fire burning as a distress signal. Ralph's leadership provides peace and order to the island while Jack's leadership makes chaos.
"Preface to 'Is Factory Farming an Ethical Way to Treat Animals?'." Factory Farming. Debra A.
On the other hand, Stress is another one of the big factors in the causes of high blood pressure, and it also has a detrimental effect on people’s general health. People are placed under tremendous amounts of pressure to perform well at work and school, to provide their families at home or to graduate. This raises the blood pressure in a similar way to the intake of large amounts of saturated fats; it makes the heart rate increase to enable it to pump the blood round the system (Scott).
Other people can’t find jobs because of disabilities or health problems. If someone gets into a car accident and gets physically injured long-term or becomes disabled, it becomes difficult to do many types of jobs. In another case a person may become ill and not be able to work for a long period of time or at all.