Disability Laws Essay Examples & Outline
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Disability refers the state of having limited physical competence, intellectual ability, or even moral power while carrying out an activity (In, 2014). It refers to failure of having work fitness. In many cases, people with disabilities often face discrimination from others in their areas of work. This implies that there are some distinct treatment done on individuals or groups of people with disabilities to their disadvantages (Stapleton, 2003). On the other hand, in some business organizations there is consideration based on their class and as well class other than their merits.
Therefore, among many business organizations, people have different views on disability cases faced by their employees. Managers have a role of ensuring that employees with disabilities have a fair go and accesses the same resources as other employees within the organizations. Among managers, it is crucial understanding that people with disabilities are not homogenous. The paper will focus on disability laws and human resource management (Mete, 2008).
As stated earlier, disabled employees face different levels of discriminations while carrying out their daily duties. This is in terms of promotion (where promotion done on employees has a basis on their physical appearance and as well their class other than their skills and personal merits), the other type of discrimination faced by disabled people being lack of access to resources within the organizations. This limits their performance while carrying out their activities and as well their effectiveness.
Lastly, there is another form of discrimination faced by disabled employees in business organizations. In some cases, managers rarely enroll employees with disabilities (Stapleton, 2003). This implies that their consideration does not have a basis on personal skills and competence towards their activities but is based on their physical appearance (Mete, 2008).
Relationship lying between management and employees with disabilities is a crucial factor while developing an inclusive workplace culture. In this case, an inclusive workplace culture refers to a workplace that supports a full interaction between all employees within an organization including those with disabilities (Stapleton, 2003). An inclusive workplace culture in organizations depends on policies used by the management. Therefore, the management is the key player in creating and enhancing conducive interrelationships with disabled employees.
Research indicates that factors affecting the interrelationship between employees and managers is the underlying attitude towards employees with disabilities. In some organizations, there are cases of paternalistic attitude between the managers and the disabled employees. Therefore, disabled employees are treated like children. In addition, they are treated in an inferior manner as compared to other employees in the organization. However, in an inclusive workplace culture, this attitude is minimal and as a result, there is job satisfaction among the disabled employees since treatment is fair (Hauritz, 1998).
There are different policies used by managers while dealing with disabled employees. These policies depend on the nature of work carried out. During the implementation process, managers have some assumptions based on the nature of the disability of the employee and as well their capabilities (Stapleton, 2003). This is a law governing an inclusive workplace culture. On the other hand, while developing policies governing a workplace with disabled employees, there is an expectation on managers to develop policies and norms that meet the employee’s needs (that is managers need to understand the needs of the disabled employees before developing these policies). These are some of the requirements on managers dealing with disabled employees.
Managers dealing with disabled employees have a role of ensuring fairness in terms of disciplining employees. Discipline methods used on disabled employees need to be accommodating in that it should not make them feel incompetent for the job and as well should not raise the employee’s anxiety. Generally, managers have the responsibility of ensuring that there is fairness in the business organization. This may be in terms of medically related time offs whether disability related or not. In an inclusive workplace culture, employees enjoy comparatively higher quality relationships with the management as compared to other cases where there is paternalistic attitude towards disabled employees (Hauritz, 1998).
Despite the stated policies and approach used by managers within an inclusive workplace culture, there are higher cases where discrimination among disabled employees prevails and affects their interactions with other employees in the workplace (In, 2014). This implies that they experience disproportionately inferior relationships with the management as compared to other employees within the business organization.
Relationships between the management and the employees has a negative impact on the performance and as well motivation of the employees. This is because they have low social exchange relationships (inclusive of respect and as well worker’s efforts in the workplace). Therefore, managers play a great role in creating these conducive interrelationships between disabled employees and the management. This on the other hand implies that they have a direct link with the performance of the disabled employees.
While implementing these policies aimed at creating an inclusive workplace culture, there is need for dynamic response of the management and as well the employees. Therefore, there is an expectation that with the inclusive practices, employees will generally enjoy higher quality relationships with the management. More so, there is no exclusion of disabled employees from other employees in the business organization. Therefore, there lies a need for encouraging managers in overcoming the underlying barriers (both social and interactive) in order to ensure stronger and healthier relationships with disabled employees in the organization (Mete, 2008).
While dealing with disabled employees, there are different government acts used. These acts are according to human resource agencies dealing with employee’s affairs. Leaders of these agencies believe on prohibition of discrimination done on disabled employees. Therefore, they raise campaign against discrimination done on individuals who have the qualification required on a given position despite being disabled (Hauritz, 1998).
These acts face opposition from different groups of people. Among employers, they believe that employing disabled employees increases their risks. Therefore, some are against enrollment of these employees. On the other hand, among business interests, they believe that these acts affect the small businesses striving to survive. This is because the act stipulates on accommodation of disabled employees on all business levels depending on the skills of the individual (Mete, 2008).
According to laws used in governing the enrollment of disabled employees, for a disabled individual to be recruited for a position in an organization, there is a requirement of performing the essential functions of the job (that is should be able to carry out the job without accommodation). On the other hand, the law requires managers to check on the qualification of the individual before enrolling him or her.
This implies that in order for the manager to enroll the disabled individual to the workplace, the individual must have satisfy the job requirements on educational background, their experience as per the position requirement and as well other position related qualifications required on the position. During the enrollment period, there are different factors termed as the fundamental duties. These factors constitute the essential function of the position. These factors are; whether the reason existing for the position performs the function, available number of employees in the organization to carry out the function and as well, the skill qualification required for the function (Mete, 2008).
During the recruitment process, there are some requirements made on the managers. According to the laws governing human resources with disabilities, there are some laws governing the interaction between the managers and the disabled employees working in the organization. Managers have to make sure that people with disabilities working in the organization have equal opportunities to promotion.
This implies that promotion done by managers ought to have a basis on individual efforts and skills other than their physical appearance. On the other hand, managers and employers should ensure that disabled employees have equal access to the privileges offered in the organization (there should be no exclusion of disabled employees towards enjoying benefits in the organization). Lastly, managers have the role of ensuring that there is no harassment of disabled employees within the organization. Lastly, there is a requirement on the employers to employers in ensuring that they give equal opportunities to disabled applicants. These requirements are essential during the recruitment period and as well while establishing good relationships between the enrolled disabled employee and the management (Hauritz, 1998).
There are many instance where there is an indefinite termination of employment. Employment termination results because of surplus decisions made by the management, early retirement of the employee and as well resignation of the employee. While dealing with these cases, managers of the organization makes a key consideration of terminating the employment relationship lying between the management and the employee. In some cases dealing with disabled employees, employment termination has a basis on discrimination. While dealing with decisions made by employees, especially disabled employees, there is a need of conducting anonymous surveys aimed at determining whether the decision made by the employee was because of harassment or discrimination in the workplace (Mete, 2008).
Surplus decisions made by managers on terminating employee’s period while at the work place mostly affects the disabled employees. This implies that discriminatory terminations made by the management mostly affects the disabled employees (In, 2014). Many disabled employees cope with the discrimination and as well, the harassment while working at the work place until their period terminates. This also applies on disabled employees who have a feeling of fair treatment while at the workplace until a surplus decision affects them. Considering the above cases, there are laws that govern the termination of a disabled employee’s position in workplace. These laws have a basis of equality in terms of termination and as well promotion (Stapleton, 2003).
Managers have different methods of handling disabled employees. Dealing with these employees requires the manager understands of the nature of the disability. Example in cases of mental disability, involving the individual in the daily activities implies that the manager will face a similar problem of cooperation between the employees. Similarly, with this case of mental disability, managers have an obligation of taking legitimate actions of terminating their periods of work.
This is because mentally disabled employees affects the performance of the other employees while in the workplace. More so, it is the manager’s obligation of understanding and taking into account of the role played by the employee (In, 2014). On the other hand, while the employer is responding to the disability case of the employee, putting into consideration the doctor’s advice on the patient is important. This is because once the employee gets back to the workplace without taking a discriminative decisions, it increases risks encountered while carrying out activities in the work place. Despite being accommodative to the mentally disabled employee, managers have an obligation of taking into consideration of expert’s advice (Stapleton, 2003).
However, there are cases where managers need to be patient on their employees. On cases where there are chances of changing the employee’s prognosis, it is vital for the manager to be patient. This implies that before letting go the employee, the manager needs to be patient on any chances of recovering from the disability (Hauritz, 1998). In some cases, when the manager moves on to terminate the employee’s roe in the workplace without taking into account on the possibility of recovering from the disability (without using the doctor’s advice), may land him to a human rights tribunal. This is under the automatic termination provisions section (Stapleton, 2003).
Termination of employee’s role in the workplace can arise due to absenteeism. When a disabled employee continuously fails to avail in the workplace can trigger termination of the employment opportunity (In, 2014). However, there is a provision under the human rights tribunal that governs termination. According to the code of employers, a manager should not terminate a worker’s position in the workplace unless the manager shows that further accommodation of the employee in the workplace amounts to hardships experienced in the workplace. Disabled employees have their protection under the human rights tribunal. Termination of their roles in the workplace depends on the provisions made on the tribunal (Stapleton, 2003).
Lastly, while responding to termination of roles played by disabled individuals in the organization, poor performance may trigger termination. However, according to the provisions made on the tribunal, managers should not terminate roles played by disabled employees due to their poor performance. Managers ought to follow the provisions by proving hardships experienced in the business organization resulting from further accommodation of the disabled employee. Under this case, mentally disabled employee are prone to termination as compared to other cases of disability faced by employees.
In many cases, an undiagnosed case of mental disability affects the employee’s performance (Stapleton, 2003). Therefore, there is an entitlement on managers to have an expectation of performance standards from their workers. As a result, among some managers, while terminating the disabled employee’s role in the workplace, they assess their standards. However, there ought to be accommodation of the disabled employee before assessing them. That is the employee should have a period of adjusting to the workplace environment and as well interaction with others while carrying out their tasks (Hauritz, 1998).
As from the paper, it is quite clear that while dealing with disabled employees, managers are required to have prior understanding on the provisions made on the human rights tribunal. Discrimination during the recruitment process is against the law (In, 2014). On the other hand, automatic termination of employee’s roles in the workplace on the other hand it is against the laws governing the human rights. Disabled employees should have equal chances to access resources within the organizations and as well creating relations with the management. It is therefore an obligation of managers to have an inclusive workplace culture where there is no discrimination of disabled employees and as well no harassment of the employees.
Hauritz, M., Sampford, C. J. G., & Blencowe, S. (1998). Justice for people with disabilities: Legal and institutional issues. Sydney: Federation Press.
Stapleton, D. C., & Burkhauser, R. V. (2003). The decline in employment of people with disabilities. Kalamazoo, US: W.E. Upjohn Institute for employment research.
Mete, C., & World Bank. (2008). Economic implications of chronic illness and disability in Eastern Europe and the former Soviet Union. Washington, DC: World Bank.
Organisation for Economic Co-operation and Development. (2003). Transforming disability into ability: Policies to promote work and income security for disabled people. Paris: OECD.
In Strauser, D. R. (2014). Career development, employment, and disability in rehabilitation: From theory to practice.