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MGT460 Employment Law Chapter 10
Terms in this set (15)
Laws protecting disabilities
Rehabilitation Act of 1973
Americans with Disabilities Act of 1990 (ADA)
Americans with Disabilities Amendment Act
of 2008 (ADAA)
Americans with Disabilities Amendment Act of 2008
Covers depression, epilepsy, diabetes, and others
Example: ADA didn't cover a pharmacist who had diabetes and wanted a break every 4 hours to eat because it was under control since he ate every 4 hours... ADAA worked to protect him
In order to be qualified you have to..
Be able to perform the essential functions of the job and not prose a direct threat to the health/safety of others
Example: AIDS could potentially pose a direct threat to the health/safety of others depending on the job... being a cashier is cool but if you're like a surgeon then it's a little different
Job position exists solely to perform this function
NOT essential if another employee could take over and do the work instead
Physical/mental impairment that SUBSTANTIALLY LIMITS 1+ major life activities
A record that reports this disability OR being regarded as having this disability
Major life events
Walking, seeing, hearing, breathing, learning, working, caring for oneself, sitting, standing, lifting, concentrating, thinking, reproduction, performing manual tasks...
Significantly difficult/expensive... would cause fundamental alteration of business operations
Who is responsible for recognizing requests for accommodation?
MANAGERS!!! Even if employee does not directly ASK
Is alcohol or drug addition considered a disability?
Only when in treatment or recovery
How do you know if it is religion?
Comprehensive belief system, usually having buildings/rituals/leaders/holidays... addresses fundamental questions about human existence... beliefs must be held closely for accommodation
What if you don't think the employee is actually religious?
BELIEVE THEM!! Better to be safe than sorry
Religious conflicts during work
Scheduling (holidays, fasting, etc)
Conflict of practice (no birth control, no abortion, no pork products)
Advocacy vs Harassment (can't convert coworkers lmao)
Defenses for religious accommodations?
An accommodation was offered but not accepted
An accommodation was not possible
Who has freedom of religion in the workplace?
Private for sure and state/federal government employees are allowed freedom BUT they are prohibited from activities that make it look like government is establishing a religion
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