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    ADA and Employment Law questions

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    A. What are some measures a company can take to reasonably accommodate people with disabilities, or those with a known drug abuse problem?

    b. Should factors like personality, attitude toward work, and future upward mobility be considered when hiring? Why or why not?

    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 n

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    Solution Preview

    Let's tackle your questions one by one.
    a) As you may already know, the Americans with Disabilities Act (ADA) requires an employer with 15 or more employees to provide reasonable accommodation for individuals with disabilities, unless it would cause undue hardship for that employer. A reasonable accommodation is defined as any change in the work environment or in the manner in which a job is performed that allows a person with a disability to enjoy equal employment opportunities. There are three main categories of "reasonable accommodations":
    1) changes to a job application process
    2) changes to the work environment, or to the way a job is usually done
    3) changes that enable an employee with a disability to enjoy equal benefits and privileges of employment (like access to training).
    Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, workplace barriers may keep others from performing their jobs. These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how job tasks are performed). Reasonable accommodation removes workplace barriers for individuals with disabilities.
    To begin the process and inform the employer, the individual must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition. An employee need not mention the ADA or use the phrase "reasonable accommodation." Requests for reasonable accommodation do not need to be in writing, though an employer may choose to write a memo or letter confirming the request.
    There are many types of measures a company can take to reasonably accomodate people with disabilities. Restructuring the job is one option. This step can involve (1) shifting responsibility to other employees for minor job tasks that an employee is unable to perform because of a disability; and (2) ...

    Solution Summary

    Questions about ADA and other facets of Employment Law are highlighted.