Labor Law
(A) According to Dana Shilling in her book "The Complete Guide to Human Resources and the Law", if an individual is qualified to perform essential job functions except for limitations that result from a disability, an employer must consider whether the individual could perform these essential functions with reasonable accommodation. An employer may select the most qualified applicant for a position and make decisions based on factors unrelated to the existence of a disability. Similarly, an employer is not required to retain someone who is not qualified to perform their job even if that person has a disability. The key to the legality of an employer's actions and decisions is a concept called reasonable accommodation. A reasonable accommodation s any modification in a job or work environment or employment rules that would allow an otherwise qualified applicant with a disability to enjoy equal employment opportunities including employment, promotions, raises, educational opportunities, business travel. According to Shilling, this requirement or obligation to offer reasonable accommodations is an ongoing responsibility any may occur at any time. Federal law governing disability discrimination does not require an employer to make
Factors that cannot be considered include race, sex, marital station, national origin, citizenship, age, and disabilities. There are limited exceptions permitted under Title VII which related to bona fide occupational qualifications that an employer can consider (Rosner). com online, protection from workplace discrimination is covered by Title VII of the Civil Rights Act of 1964. The term reasonable accommodation includes a variety of steps employers can take including:Job restructuringModified work schedulesAcquiring or modifying office equipmentMaking existing job facilities accessible to an individual with a disabilityThe type of accommodation considered reasonable is limited to the extent that the accommodation would create an undue hardship on the employer. This protection also extends to individuals currently enrolled in a drug rehabilitation program provided that they are not using drugs while in this treatment program. Thus, if an outgoing personality is a job requirement, the person conducting the interview can ask questions about it. Factors in determining whether an accommodation would create an undue hardship include the size of the company; the size of the office or establishment; the nature and the cost of the accommodation required (Shilling, 1998). Any company engaged in any industry affecting commerce and which employs, or has employed, fifteen or more employees for each work day in twenty or more calendar days in the current or preceding calendar year is subject to the discrimination provisions of Title VII. (B) According to an essay published online by Nolo, factors like personality, attitude toward work, and future upward mobility can be considered when hiring. Since the existence of an employment contract is not a bona fide occupational qualification, an employer would not be permitted to shield its activities by asserting that the employment environment and conditions detailed in a written employment contract between an employer and an employee supersede and override the protection offered by the Civil Rights Act. The best way to avoid improper questions is to list tasks that the applicant will have to perform as part of the job and all the skills and experience that are required. Title VII states, in part, that an employer cannot use race, religion, color, sex, national origin or pregnancy as a basis for hiring, firing, compensation and benefits, job assignments, employee classification, transfer, promotion, layoff or recall, training, use of company facilities, retirement plan or leave. If future upward mobility is a requirement for the position, such as would be the case in an interview for a management training program, then consideration of the applicant's qualifications in this area would be relevant and lawful during the selection process (Articles: Conducting Job Interviews, 2006). An employer may refuse to hire, may discipline, or may terminate any employee who currently uses a controlled substance or who is addicted to them whether or not the drug abuse has any measurable effect on their ability to do their jobs.
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Acceptance Essays
