Employer And Employee Implications Of Ada example essay topic

FMLA / ADA/Affirmative Action What is the meaning of Affirmative Action? An active effort to improve the employment or educational opportunities of members of minority groups and women. In the U.S., the effort to improve the employment and educational opportunities of women and members of minority groups through preferential treatment in job hiring, college admissions, the awarding of government contracts, and the allocation of other social benefits. a. Why do we have Affirmative Action?

Affirmative action was designed to counteract the lingering effects of generations of past discrimination. The main criteria for inclusion in affirmative action programs are race, sex, ethnic origin, religion, disability, and age. Affirmative action began as a government remedy to help, educate, and improve employment opportunities for members of minority groups and for women. There were policies, programs and procedures developed to give preferences to minorities and women. b. Will these policies continue to benefit minorities and women? Personally, I hope they continue to expand and show improvement within the workforce.

There are many of us who have stepped outside that stereo- typed "box" and have tried to improve themselves by getting the education and saying no when offered lower, menial positions. I, myself have gone further in my education to improve the skills I had acquired while in the military and other positions held so that I may move upward. But there are and will be many aspects that I will have to continue to prove that knowledge and worth. What are the basic elements of an Affirmative Action Plan? 1. Determine the extent to which minorities and women are underutilized in major categories 2.

Identify and eliminate the specific causes of under utilization 3. Identify and eliminate all employment practices that have an adverse impact on minorities, women and others protected by applicable law and the relationship of which to job performance has not been clearly established. 4. Rely exclusively on practices that are based on merit and other valid job related criteria 5. Develop substantial applicant pools of validly qualified minorities and women special recruitment efforts, and other measures to insure that sufficient numbers of these groups are included to help reduce under utilization 6.

Develop, through special recruitment efforts and other measures, applicant pools in which handicapped persons are represented equitably 7. Project goals and time tables to include estimates of the representation of minorities and women likely to result from the operation of this affirmative action plan 8. Establish organizational structures and monitoring systems that will ensure effective operation of its goals, and means for modification of the plan as needed. c. Are these elements of Affirmative Action in place at your place of employment? From what I have noted in this company that yes, they have an equal number of women and minorities. ITT Systems is a very diverse type of company and have many contracts.

They have hired by education and experience not because of race or sex. d. Could these policies be improved on? These policies should be reviewed constantly. There are so many new laws concerning affirmative action, benefits, discrimination etc., that there should be an annual or semi-annual meeting of all HR personnel, Hiring Managers, and Shift Managers to keep them informed of new or improved policies.

There should also be training packages that the company must attend, to educate and re-educate on all policies. What are some employer responsibilities and options in managing and administering FMLA (Family and Medical Leave Act)? Not every employer is required to provide its employees with family or medical leave. Federal Law states that an employer is required to provide eligible employees with leave is the employer is either: 1. A state, local or federal governmental agency 2. A private business engaged in, or affecting interstate commerce, that employed fifty or more employees in twenty or more weeks in the current or prior calendar year.

The first thing that should happen is the education of policies and procedures that surround FMLA. A synopsis of the law is; "Covered employers must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons: 1. For the birth and care of the newborn child of the employee; 2. For placement with the employee of a son or daughter for adoption or foster care; 3. To care for an immediate family member (spouse, child, or parent) with a serious health condition; or 4.

To take medical leave when the employee is unable to work because of a serious health condition". The employer and employee must have a understanding of these policies before granting the "paid" time off. Many companies will follow a specific time frame for when the will take effect. A smaller company may use a calendar year i.e. 1 January to 31 December, where as government or government contractors may use 1 October to 30 September. This saves not only the employer a lot of paperwork, but gives the employee a better understanding of policy. e. Who is covered and what is provided in this policy?

An employee is covered if they have worked for the employer for at least twelve months, and for at least 1,250 hours over the twelve months prior to the needed leave. This is a federal FMLA, the state may have other requirements that provide leave to more employees. f. What happens when an employee returns to work? Taking leave can not result in any loss of pay or benefit that the employee had before the leave, and cannot be counted against an employee under a "no-fault" attendance policy. When returning to work, he or she is entitled to be restored to his or her former position or an equivalent position with the same pay and benefits as they may have had prior to the leave.

How does FMLA interact with other types of leave? There may be many reasons an employee may take or use the FMLA, but the most common one is the birth of a child. Maternity leave is a form of FMLA, it is an unpaid leave, and can be used by both the father and mother of the child. Although FMLA is unpaid, coordination between employee and employer can work in conjunction with paid leave, such as vacation days and sick days. What are some employer and employee implications of ADA (Americans with Disabilities Act)? A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question, an employer with 15 or more employees are prohibited from discriminating against a person with a disability.

In general the employment provisions are; 1. Equal opportunity in selecting, testing, and hiring qualified applicants with disabilities 2. Employment accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship"3. Equal opportunity in promotion and benefits. g.

The question should be what is ADA, what does it mean to the employer and employee? The ADA is Americans with Disabilities Act, it prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. An individual with a disability is a person who: 1. Has a physical or mental impairment that substantially limits one or more major life activities 2. Has a record of such an impairment 3. Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job. Reasonable accommodation may include; 1. Making existing facilities used by employees readily accessible to and usable by persons with disabilities. 2. Job restructuring, modifying work schedules, reassignment to a vacant position; 3. Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make an accommodation to the known disability of a qualified employee. An employer is not required to lower quality or production standards to make an accommodations for employees, nor is an employer obligated to provide personal use items such as glasses or hearing aids. h. How do know when a company is following the ADA laws? Now that my son is of age to be employed I have done some looking and my research.

I started looking at the retail and fast food restaurants in our area and noted that yes there seems to be at least one employee with a disability. Our local Walmart's have both physical and well as mentally disabled employees, as well as the MacDonald's, Wendy's and Denny's restaurants. In some of our bigger companies I could not really answer those questions, with the exception of the companies I have worked for. I am a government contractor and noted that there are automatic door openers, elevators (when there is more than one floor), ramps, and larger bathroom stalls. Now these buildings have been on a military installation or a government type of building.

So I would say yes, here in Colorado Springs, our employers follow the law set by both federal and state regulations. Conclusion Finding this assignment more in depth on the research side. Finding some of those answers took me through web sites I did not know even existed. Very informative and eye opening.

The favorite was the ADA laws and how they would effect my son. The following quote was great. 'The key to a successful life in the community is closely linked to the ability of the individual to be a productive, contributing member of that community". Elaine L. Chao, Secretary of Labor Colorado Springs, is very much a military town and there is such a huge no tolerance clause that I think our companies, retailers and restaurants do not want the law suits, so follow the law to the letter. And all in all are better for it.