Facts
Goodwill is changing from a model that seeks to ameliorate problems to one in which it seeks to prevent problems. It seeks to do this by offering programs that help its employees break the cycle of poverty. In order to maximize its return Goodwill needs a system to collect employee data so it may target programs across a wide geography to specific areas in which they are needed. Currently it has had some success with distributing a voluntary computerized survey but feels that the voluntary nature limits its effectiveness and would like to make the survey mandatory so that it has more accurate data on which to base its program offerings. Concerns have been raised as to the legality and appropriateness of such a decision.
Currently the voluntary survey is administered in private at computer terminals located at in its stores and other workplaces. To ensure that data is not duplicated and employees are asked to provide their social security number. Because they would like the survey to become mandatory the survey questions have been paired down in order to respect the workers privacy. Types of information include:
1. Specific Disability information
2. Criminal Background
3. Income Source
4. Household size
5. Household income
6. Housing status
7. Auto ownership
8. Education level completed
*See Figure * for the actual survey.
Alternatives
A number of alternatives to the current proposal exist.
Information Technology -- It seems that much of the information exists already in the form of employment applications and federal or state mandated paperwork. Other information could be available from routine background checks. Rather than require invasive survey it could be possible to utilize information tech...
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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...
This year as an administrator in the building the survey would have come in handy in order for me to learn about some of the
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
One of the strongest arguments against at will employment concerns the fear of wrongful discharge or abuse of power by employers. Through my research, I have found that there are a large number of protections in place to prevent this from happening even in the presence of an at will agreement. The sole presence of an at will contract does not trum...
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
The Americans With Disabilities Act has a section devoted to nothing but practices by employers regarding the treatment of applicants and on staff workers based on their physical condition or any health problems they may have.
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 (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
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Chapter 19. p413. John G.Fleming [4] P419. Textbook on Torts 8th edition. Michael A.Jones [5] Vicarious Liability for Employers. Andrew Scott-Howman.
The survey was collected on Google Forms via a single laptop to track each cadet who took the survey. This case study, unlike many other MMI case studies, makes sure cadets do not take the survey multiple times. This survey’s method targeted any cadet available throughout the day who was willing to take a survey. Eventually, the method targeted
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.