Tuesday, March 12, 2019
Disability Discrimination Essay
Would you deem Karina disabled under the adenosine deaminaseAA? If so, what conjectural accommodations would you offer to her?Karina has a medical contain requiring her to take steroids and other medications. This condition led to Karina gaining weight and non able to wear two furnish items, the stockings and heels. These conditions affect her back, circulatory system, and endurance level. Additionally, according to her doctor, Karina must stop vesture the stockings and heels because of her condition. Based on this information, Karina does qualify as disabled unconstipated if she does not display symptoms that interfere with her ability to perform her duties. By taking medication, Karina is mitigating (reducing) the do of her illness. However, her employer stopnot consider this information in determining if she has a protected check under the adenosine deaminaseAA. The ADA was passed nearly 20 years ago to stand legal protections for, and to end discrimination against, work ers with disabilities. The ADA is a wide-ranging well-mannered rights law that prohibits discrimination based on handicap.It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, issue origin, and other characteristics illegal. Under the ADA, an singular is considered to have a disability if that individual either (1) has a physical or mental impairment which considerably limits one or more of that persons major look activities, (2) has a record of such an impairment, or (3) is regarded by the covered entity as having such an impairment. The determination of whether any particular condition is considered a disability is made on a case by case basis.When the ADA was first passed into law in 1990, federal courts were very strict in determining which employees met the ADAs definition of a disability, resulting in the departure of many cases. A series of such court decisions made it progressively difficult to qualify for the laws protections. To remedy this problem, Congress late passed the ADA Amendments Act of 2008 (ADAAA), which went into effect on January 1, 2009. The ADAAA made five changes to the ADA that ar significant. 1.It provides that the definition of the ADA disability must both be more flexible and broadly construed. 2.It expands the list of major look activities.3.It provides that courts can no longer consider whether mitigating measures, such as medication or assistive technology, reduce the impact of impairment on an individual. 4.It states that diseases that are occasional(a) or in remission may still be disabilities. 5.It provides that employees who claims they are regarded as disabled can now make an ADA claim, even if the perceived disability does not impact a major life activity. It is authorised that employers be up to speed on these changes. This is especially important because the ADAAA created a shift of emphasi s in applying the law. In enacting the ADAAA, Congress instructed that it should be interpreted to favor broad coverage of individuals under the ADA, and that courts must counseling not on whether an employee is disabled, but on whether the employer is complying with its obligations under the law.