Are you in High School, College, Masters, Bachelors or Ph.D and need assistance with your research paper? All you need is to ask for essay help written by a specialist in your academic field. When you buy an essay from us, we offer you an original, nil plagiarized and unique paper written by a dedicated writer who is PhD or Masters qualified. MyEssayServices.com is an experienced service with over 9 years experience having delivered over 83,000 essays over the years.

Disability Laws Sample Essay & Outline

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 discrimination 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 discriminating decisions, it increases risks encountered while carrying out activities in the work place. Despite being accommodating 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.

References

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.
.

Children with Disabilities Essay & Outline

According to a report by the United Nations Children Education Fund (UNICEF) published in August 2017, children with disabilities are among the most excluded and marginalized groups in the society. They faces a lot of discrimination especially with regards to how people look at them and treat them. In most countries, this discrimination is apparent in the form of inadequate policies and legislation that can allow them to realize their rights toward accessing healthcare, education and development opportunities. They are also prone to physical abuse (Disabilities, 2017). The 2017 survey projects that there are at least 93 million children worldwide with at least one form of disability; majority of them coming from poor backgrounds. It is against this background that I intend to use Physical Education to assist children with disabilities achieve their full potentials primarily by debunking the myth that disability is inability and educating the society that being impaired does not mean one is any less capable.

As a Physical Education teacher, I know the ability to do something is mostly guided by how society understands the concept of ability. The same principle also guide our understanding of the meaning of disability. The choice of words that the society uses when referring to various forms of physical differences more often does more damage to the psychological and mental disposition of the persons with these differences. For example, when we refer to someone as ‘handicapped,’ we inadvertently imply that such a person is “weighed down, held back or marked as inferior” due to his/her perceived intellectual and physical impairments (Coakley, 2010, p. 304). It would, therefore, seem that we do more harm than good to people with disabilities when we stop them from taking part in mainstream societal activities based on our perception that they cannot fully use their body parts and are therefore, less qualified.

The World Health Organization (WHO) argues that disability is a complex phenomenon that reflects the interaction between the features of an individual’s body and the societal features in which he/she lives. It also stresses that disability is a universal human experience which happens to each of us at different stages in life. Some disabilities can be brought about prematurely via accidents while others come naturally as we grow older. A fact of life is that at some point in time, we stop functioning with the same fluency and speed with which we previously used to. Over time, the loss of fluency and speed reduces our levels of participation in some activities that we were once capable of handling comfortably. The society recognizes that this is a form of disability. Nevertheless, educating the society that none of us can be physically and mentally perfect is perhaps the first step towards breaking the myth that if one is somehow physically different from ‘us,’ then such a person is disabled (Coakley, 2010). It is also a fact that some of these people that we perceive as being disabled can outperform ‘normal’ people in certain activities. The “Blade Runner” Oscar Pistorius of South Africa can run way faster than most normal people with natural legs. Similarly, the winner of Britain’s Got Talent 2018 is what most of us would refer to as being “severely handicapped,” but this did not prevent him from beating other full-bodied “normal” people to win the highly coveted competition.

These two examples serve to highlight the reality of how society itself plays a significant role in marginalizing people with different physical and mental attributes. They also demonstrate that those who overcome the psychological barriers placed by society can perform at per or even outperform the so-called ‘normal’ people (Coakley, 2010). Therefore, for me, these two examples serve as the impetus for initiating a paradigm shift in society where limitations to normal performance are viewed as impairments and not as disabilities. The fundamental difference between these two concepts is that the latter simply means that a person can perform a natural function albeit in a different manner. Oscar Pistorius can still outrun most of us with the help of blades – and even if some of us could be fitted with similar blades, it is unlikely that we would beat the “blade runner.”

Physical Education presents me with a platform to address glaring societal misunderstandings about people with impairments. And since P.E. primarily studies how we can maintain the body by engaging in physical exercises involving movements of body parts, perhaps it is important to stress that the term ‘body parts’ is colloquially used in such a definition (Coulter & Ní Chróinín, 2011). It is these kinds of wordings that need to be revised to bring about a reformed perspective in how the society views sports vis-à-vis mental and physical well-being. The current understanding is that non-disabled men and women perform better in games and sports but from the examples highlighted in the preceding paragraph, it is evident that this point of view is somewhat flawed. Coakley (2010) argues that our attitudes towards people with impairments is mainly reinforced by the words we use to explain how we understand the status of things. Therefore, changing words and terminologies that add rather than eliminate barriers would seem like a practical approach towards removing harmful psychological obstacles towards children with disabilities. If we can understand that we are all impaired in one way or another, then we can begin to embrace the different impairments that we have. This will also go along way in altering the dis- philosophy of international sports bodies which are still stuck of a medieval mentality that an impairment is equal to a disability (Coakley, 2010).

Reference

Coakley, J. (2010). Sports in Society: Issues and Controversies (12 ed.). New York: McGraw-Hill.
Coulter, M., & Ní Chróinín, D. (2011). What is PE? Sport, Education and Society, 825-841. doi:https://doi.org/10.1080/13573322.2011.613924
Disabilities. (2017, October 2). Retrieved August 5, 2018, from UNICEF: https://www.unicef.org/disabilities/