What is the meaning of the word disability as identified in the American with Disabilities Act?

  

Assignment: Disability and Religious AccommodationFor this Assignment you will watch two videos concerning accommodations for disability and religion. Review Chapter 10 and the case law that provides definition to reasonable accommodation and apply those concepts to the assignment questions.View the two videos found in the Unit 6 Learning Activities: the disability video and the video concerning religious accommodation. Write a 23 page paper in APA formatting addressing the following questions: Checklist: Disability Video Describe the meaning of the word disability as identified in the American with Disabilities Act. Do you think Meg has a disability within the meaning of the law? Should the company be responsible for finding a job that Meg can perform? Why or why not? Checklist: Religious Accommodation Video Describe the key guidelines related to accommodating religion. Is the company complying with these guidelines? Can the company defend its policy by maintaining that it has a certain image? Why or why not? Do you think the employee would be successful in a Title VII suit? View the attached transcripts.
Transcript for Religion
Okay, Elise; I think that finishes the review. And, Im happy to say that Im
pleased.
Yes.
Thank you.
And, Id like you to thank that Jonathan for coming down from corporate.
Its always a a pleasure to have you here for these reviews. (laughing)
Youre welcome.
And, thank you both so much for taking the time to meet with me. Before
before we, with the meeting I just would like to bring up that I have been
working in the warehouse now for a couple years. And, I really appreciate
having had a positive review. And, as you know for a while now, Ive been
asking if I could please work out on the sales floor. And, I would like to be
considered for a position working with the customers.
I appreciate youre wanting to advance.
Thank you.
At present, theres no I dont think we have any sales positions open.
No.
On the floor.
I I think theres a couple in the warehouse.
Yes; there are management management opportunities in the warehouse.
Okay. Well, thank you. Thats interesting to know. However, I wouldnt
really the direction that Id like to go in is towards sales. And, I think
Id be very good at it too. I think I would really be an asset to the
company if I were allowed to work in sales and there and make a change.
Its certainly training to consider. But, I dont know as far as a dress
code goes, I know your head scarf if very important to your religion.
Yes.
We have a pretty strict dress policy.
Its something thats very strict that that you know was very hard for the
the corporate office to to budge from, to be perfectly honest. Thats
something that has to do with me or her, its really just the corporate is
very strict about it.
Are you flexible with that I mean?
No; Im sorry to say that the the head scarf is very important to me. Its
part of my religion. Its an honor to me to wear it. Im a Muslim. And,
its required by my religion to cover my hair. However, I would be perfectly
happy to wear the rest of the uniform like the other salespeople do. Its
theres no conflict with that whatsoever. And, Im really surprised to hear
that there would be a problem with me being able to observe my religion as
well as also to do a good job working in sales and interacting with
customers. I think that they would understand. And then, I hope that the
corporate office would make allowances for the fact that this is my religious
practice. And, its its.
Well, I I do believe that we I mean certainly we hired you (laughing) and
you know weve accommodated that. Its I I dont think that the a
tolerance is something thats thats an issue here.
In terms of the the dress code, because thats what were talking about,
its its a little different from what our customers are are are used
to. And, its a step away from the image that that that we portray as a
company.
Well, I would just like to add that there are also other salespeople, for
example Lisa wears a cross around her neck that is has to do with her
religious practice. So, if shes allowed to wear that, it seems only fair
that I should be allowed to wear this. And that, it would not be incompatible
with working with the customers and and helping to move merchandise.
A) We dont have a strict dress code against jewelry. And, its a very
small item. And its not something that you would notice you know on sight -. Im hearing you that you want to move out to the sales floor.
Very much.
But, you were originally hired.
Yes.
For the warehouse.
Yes, however; there have been other people who have been working in the
warehouse who have, since Ive been here, been able to move forward onto the
sales floor. So, I think theres a precedent that theres its its
something thats already happened within the company. And, I havent really
wanted to mention this. So, that sometimes the the other workers, and men
particularly who work in the warehouse, make fun of me. And, they tease me
about my hijab. And, theyve tried to actually pull it off a couple times,
which is very disrespectful and upsetting to me. And, have and taunted me
and talked about what are you wearing underneath there? What are you hiding?
Do you have hair?
Did I report it?
Yes?
No, I didnt report it.
Why not?
Well, I I I didnt want to jeopardize my job for one thing. And, I was
concerned that maybe if I said something, that it might actually make it
worse. That there there might be some retaliation against me.
We have very strict company policies.
Okay.
Against harassment.
Right.
We have a hot line that you can call.
papers when you came to the company.
You know?
That was in the original
Okay.
It concerns me though, I mean this this needs I would love to help you.
Thank you.
But, you have to report these kinds of things.
I understand. Its nice to know that I have that kind of support from from
you, Jackie and also from the corporate office.
And, first of all, lets say again that we just really enjoy you enjoy you
working here.
Thank you.
And that, we feel like you youve done a great job.
Thank you.
Let me also say that like we said in the beginning, there are opportunities
for you to advance in in the warehouse. And, I think thats something that
that were going to look at. I I think that we have we have heard your
concerns.
Thank you.
We definitely feel like wed wed like to have some follow up with the
complaint that you that you need to make.
Right.
And and whatever else. And, well well take in consideration what
youve told us about moving to the sales floor. And, well take it back to
the corporate office.
Okay. Great. Thank you so much Dusty.
Okay.
Thank you.
I really appreciate it.
Transcript for Disability
>> Hey Meg. I wanted to talk to you today before the store opens.
>> Sure.
>> So you know that we have new management, and, unfortunately, they need for
me to reduce your hours, and ->> But the last review you gave me said I was an excellent employee.
>> Yes, I understand that and it was, it was a good review, and, you know,
I’ve always loved your attitude, you know that, and it’s just that I also had
to include that you were a little bit slower and you took a few too many
breaks, so ->> But that’s because of my injury!
>> Yes.
>> And we discussed this, you were okay with it. My doctor said I had to, I
had to take those extra breaks and you approved them.
>> I feel for you in your situation, I just think that, you know, this is a
business decision, it was handed down from corporate, and, you know, its
business.
>> I can’t afford to have my hours reduced, I’m hardly making my bills as it
is.
>> No, I understand, and I think that’s really the perspective that corporate
is taking, and that is, as you know, business has suffered lately, and so
they need, you know, workers that can be rather efficient.
>> Well, could I do inventory?
>> Well, as you know, Sue’s been here longer, so I don’t think it would be
fair to displace her to accommodate you, and I think, you know, we’ve tried
our best with this, and I think this is where we’re at now.
>> Well, could Sue switch jobs with me and she could work at the front and I
could do inventory?
>> Again, I’m going to say no to that for the reasons that I’ve just stated.
However, if you’re willing to be flexible, you could do inventory in
Springfield.
>> Well, Springfield’s 30 miles away, it takes 45 minutes to get there during
rush hour. My husband drives me to work because I have a hard time driving,
it causes me a lot of pain, and that’s not even on his way, I’m not sure he
would, he would agree to drive me to Springfield, and then I’d have to drive
myself. If I move, would they at least provide me a parking spot that was
close so I wouldn’t have to walk too far to get into the building, and?
>> You know, I don’t know. I don’t see that they would because getting to
work and parking isn’t, you know, included in the job. I want you to know I
did fight for you on this. I mean, they just wanted me to out and out, you
know?
>> Well they can’t! They can’t out and out fire me. There’s laws to protect
people who have disabilities who can do the work!
>> Well, I think it’s the law, is stated, it’s to level the playing field,
but not to give preference to the disabled.
>> Well I wouldn’t consider it giving preference. I get my job done, I just,
I work a little bit more slowly than other people.
>> To be fair, we don’t know how long, and it’s been indicated from the
doctor’s notes, how long this is going to last. Now I do understand that you
do do your job, and that’s why I fought for you. Unfortunately, in the
economic situation that we’re in, we just can’t accommodate that any longer,
unless you’re willing to be flexible.
>> I’m going to have to discuss it with my husband.
>> I think that’s a good idea.

Introduction:

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Disability and religious accommodations are significant requirements that a company must comply with to eliminate discrimination from the workplace. This assignment focuses on two videos, one concerning disability and the other on religious accommodation, to understand reasonable accommodation better. Through these videos and Chapter 10, students will examine case law that defines reasonable accommodation and its concepts. The tasks are to describe the definition of disability according to the American with Disabilities Act, assess whether a particular employee has a disability under the law, and determine whether the employer should be responsible for finding them suitable work. It also examines the company’s policy on accommodating religion, whether they comply with these guidelines, and whether they can defend their policy while maintaining their company’s image.

Description:

This assignment comprises watching two videos that address the topics of disability and religious accommodations. After watching the videos, students will prepare a 2-3 page paper in APA formatting, where they will answer the assignment questions. In the first section, the students are required to assess whether Meg has a disability within the definition provided by the American Disabilities Act. They must also state their position on whether the employer is responsible for finding a job that Meg can perform, justifying their stance. In the second section, they should describe the key guidelines for accommodating religion and evaluate the company’s practices in complying with these guidelines. Moreover, they should analyze whether the company can defend their policy while maintaining their corporate image. Finally, the students must present their position as to whether the employee in the religious accommodation video would be successful in a Title VII suit. The task aims to develop the student’s understanding of reasonable accommodation and the legal requirements that come along with it.

Objectives:

– To understand the concept of disability within the American with Disabilities Act
– To analyze if Meg has a disability and if the company should be responsible for finding a job she can perform
– To identify the key guidelines related to accommodating religion
– To evaluate if the company complies with those guidelines
– To determine if the company can defend its policy based on image
– To assess the possibility of an employee being successful in a Title VII suit

Learning Outcomes:

By the end of this assignment, the student should be able to:

– Define disability within the context of the American with Disabilities Act
– Apply the concepts of reasonable accommodation and disability to the case of Meg and her employment status
– Explain the key guidelines for accommodating religion and how they relate to the case presented in the video
– Critically evaluate if the company is complying with the guidelines for accommodating religion
– Analyze if the company’s image can be used as a defense for not accommodating religious practices
– Evaluate the chances of an employee being successful in a Title VII suit based on the case presented in the video

Headings:

– Introduction
– Disability and Reasonable Accommodation
– Meg’s Disability Status
– Religious Accommodation Guidelines
– Company’s Compliance with Religious Accommodation
– Company’s Image as a Defense
– Title VII Suit Possibility
– Conclusion

Solution 1: Addressing Disability Accommodation

The American with Disabilities Act was passed in 1990 and defined disability as “(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.” In the disability video, Meg has a medical condition that affects her ability to lift more than 5 pounds, which limits her ability to perform her previous job duties. According to the definition of disability under the ADA, Meg’s condition would qualify as a disability.

The company has a responsibility to provide reasonable accommodation for Meg’s disability, which may include finding a job that she can perform with or without accommodation. However, the exact extent of the company’s responsibility would depend on the individual circumstances of Meg’s situation, including the nature of her medical condition and the resources available to the company. Therefore, it is recommended that the company conduct an individualized assessment of Meg’s needs and capabilities and work with her to find a suitable solution.

Solution 2: Addressing Religious Accommodation

The key guidelines related to accommodating religion include allowing employees to observe their religious practices and beliefs, unless doing so would create an undue hardship on the employer. In the religious accommodation video, the employee expresses a desire to work in sales and wear her headscarf, which is an important religious practice for her. The company has a dress code policy that may conflict with the employee’s request.

To comply with the guidelines related to accommodating religion, the company should assess whether accommodating the employee’s request would create an undue hardship on the company. In this case, it is not clear from the video whether the company has made this assessment. Additionally, the company cannot defend its policy by maintaining that it has a certain image if accommodating the employee’s request is reasonable and would not create an undue hardship.

If the employee were to bring a Title VII suit against the company, the outcome would depend on whether the company’s actions violated Title VII‘s prohibition on religious discrimination and failure to accommodate. Based on the information provided in the video, it is unclear whether the company has violated Title VII. Therefore, it is recommended that the company assess the employee’s request and work with her to find a solution that accommodates her religious beliefs to the extent possible without creating undue hardship.

Suggested Resources/Books:

1. Disability Law and Policy: An Analysis of the UN Convention by Michael Ashley Stein and Janet E. Lord
2. Reasonable Accommodation: Managing Religious Diversity by David F. Bamberger
3. Disability Rights Handbook: April 2019 to March 2020 – By Disability Rights UK.

Similar Asked Questions:

1. What is the meaning of the word disability as identified in the American with Disabilities Act?
2. Is it the responsibility of the company to find a job that a disabled person can perform?
3. What are the key guidelines related to accommodating religion?
4. Can a company defend its policy by maintaining that it has a certain image when it comes to accommodating religion?
5. Do you think an employee would be successful in a Title VII suit regarding religious accommodation?

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