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Preventing Workplace Discrimination

Interactive Simulation Questions Paper

a. What are some measures a company can take to reasonably accommodate people with disabilities, or those with a known drug abuse problem, and how does the simulation demonstrate these?

b. Should factors like personality, attitude toward work, and future upward mobility be considered when hiring? Why or why not? How does the simulation demonstrate these?

c. Can Title VII override the employment environment and conditions detailed in a written employment contract between an employer and an employee? Why or why not? How does the simulation demonstrate this?

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Solution Preview

There are several measures that a business should take to reasonably accommodate people with disabilities/and those with known drug abuse problem. The simulation supports this position. The employer should remove architectural barriers as given in 42 U.S.C. § 12182(b)(2)(A)(iv), In addition, if an employer makes modifications to his building, makes a new construction, or alterations to his building, he must follow the instructions in Code of Federal Regulations at 28 C.F.R., Part 36, Appendix "A." These guidelines are listed as Americans With Disabilities Act Accessibility Guidelines. There are specific examples, In National Federation for the Blind Vs Target Corp; Target Corporation was sued because its website could not be used by those with low or no vision. Similarly, in Barden v. The City of Sacramento, the city of Sacramento was sued because it made public street alterations without bringing the sidewalks into compliance with the Americans with Disabilities Act. For an employer there are three standards namely REMOVING BARRIERS, READILY ACHEIVABLE, and EASILY ACCOMPLISHED WITHOUT MUCH DIFFICULTY OR EXPENSE. If he meets these three standards, he has complied with the requirements of the Americans with Disabilities Act.

Essentially the law requires the employer to balance between the cost of the proposed alterations for removing barriers and the financial capacity of the employers Needless to say that the standards for readily achievable and accomplished without much difficulty or expense will differ from employer to employer. ...