ADA and employment
TOPIC 1#How does the ADA define a disability, and why is it necessary?
The ADA defines disability of an individual as a mental or physical impairment that significantly limits one or more major life activities. These include individuals with mental or physical impairment records or are being considered having such impairment. The ADA makes it unlawful to discriminate disabled individuals. Individuals with disabilities are guaranteed equal opportunities in employment, transportation, among other services.
TOPIC 2#, please list some examples of valid and invalid requests for reasonable accommodations. What are some limitations employers can set for what is reasonable?
A reasonable accommodation is the assistance or changes in position that an employee needs for them to do their job despite being disabled. Examples of valid requests for reasonable accommodation include modifying training materials, hiring readers and interpreters, transferring an employee to another location for the same position so that they can have better medical care, among others. Invalid requests include reassigning to a position that is not vacant, eliminating an essential function, requesting for personal use amenities, among others. There are limitations that employers can set for what is reasonable. These limitations are set if a change or modification will cause extreme hardship to the employer (Schwab &Willborn, 2002). In such cases, the employer’s obligation to provide reasonable accommodation is limited. If the reasonable accommodation is personal rather than job-related, the employer cannot accept the request. An employer must assess the reasonable accommodation on a case by case basis to determine whether it will cause extreme hardship or it will alter business operations and its nature.
TOPIC 3# what is the employer’s responsibility when it comes to drug abuse and drug testing in the workplace
Employers are not prohibited either by the ADA or the Rehabilitation Act to do drug testing in the workplace. Some employers are required by federal law to undertake periodic drug tests on the employees. They have to allow employees or applicant to retest their samples if they tested positive. In case the initial test was positive, the employer requires a confirmatory test of the results. In every workplace, every employer has to give the employees a written statement of the drug testing policy.
Reference
Schwab, S. J., &Willborn, S. L. (2002).Reasonable Accommodation of Workplace Disabilities. Wm. & Mary L. Rev., 44, 1197.