Online Assignment Writing Help – Fall 2015 Assignment

Online Assignment Writing Help – Fall 2015 Assignment

Online Assignment Writing Help – Fall 2015 Assignment

Online Assignment Writing Help

Assignment

ADA & ADEA

The ADA and the ADEA have similarities but are two separate laws. Similar to other legal

situations, the definition of an important concept, e.g., age, disability, or accommodation are not

necessarily the same for each law (also the Social Security definition of disability is not exactly

the same as for other laws). This can be confusing. You can meet the letter and intent of one law

One of my contentions is that it is good management to make a reasonable accommodation to

every worker. But what is reasonable—legally, ethically, or management-wise? I contend that it

is good management and ethical to only consider a person's ability to do a job when making

decisions about the person’s ability to perform a job. Duh! If I was judging an Olympic athletic

event, why would I care about the athlete’s middle name? What I should care about is what is

germane to the situation. It also seems reasonable, that (a) if a person with an

exception/disability cannot perform a job in the same manner as others but can produce the

desired results (both in terms of quantity and quality) by another manner, that we (b) make a

reasonable accommodation so that the disabled person is allowed to be equally productive. This

is what the ADA focuses on; allowing the disabled person to be as good as an employee as

anyone else. Management-wise and ethically, why wouldn’t an employer want this?

This topic very much ties into work methods and job descriptions for all employees regardless of

position or task. At a simple level, you can think of job duties (written or unwritten) focused on

method and outcome. These two things are not on a continuum but are two dimensions. See the

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For some tasks (maybe the whole job, maybe just part of it) it makes sense to be very

prescriptive about what is to be accomplished. To make such decisions requires clearly knowing

what the task or goal is (regardless of how prescriptive the results are). Is the task (a) to fill out a

certain form completely or (B) to have an accurate record (the two might not be the same)? Is the

task to (A) have the customer satisfied with how their lawn looks or (B) merely mow the grass?

Is the job to make the audience laugh or to read the script? We could diverge into quality of

intent vs quality of perception, job analysis, productivity and a lot of other technical and

managerial topics. I hope it suffices to state that it is very important to know what the job or task

really is, to have a clear idea of what is to be accomplished and why. Some tasks require a high

degree of control about what is to be done; some do not. The good manager knows the

Similarly, how important is the method to accomplish the job task? Does it make a difference if

the artist holds the brush with the right or left hand; makes strokes left to right or the right to left?

Maybe it does; maybe it does not. In reality something can be electrically safe, but doesn’t meet

the electric code. How important is it to do things a certain way? Again, it depends on the

situation. How much leeway do you give an employee to do it their own way? Letting someone

or everyone do it their way may lead to mass confusion, low overall quality, inefficiency, and

unsafe conditions. Letting everyone figure out the best way to get things done is usually bad

management and can create illegal, especially adverse impact, situations. But making everyone

do things exactly the same way can lead to the same ill effects.

An employer has to decide how prescriptive to be concerning methods and outcomes. Legally,

ethically, and managerially (e.g., quality, productivity, customer satisfaction, safety) the

employer has much more leeway in specifying outcomes than methods. For the most part, equal

outcomes can be expected for all employees regardless of any protected category. Depending on

the law and protected class, e.g., ADA, a reasonable accommodation might have to be made

concerning methods. Of course the manager has to know the difference between an outcome

(what is to be accomplished) and the method to accomplish the outcome. Generally speaking, the

essentialness of the outcome and method is important.

We all have our conscious and subconscious beliefs, attitudes, phobias, prejudices, etc. How real,

true, accurate, etc. are they? These are heady philosophical questions and ultimately come down

to our values and perceptions. Remember that for thousands of years all learned people agreed

that the earth was the center of the universe. When we build a building, we still assume the earth

is flat (don't we make the walls parallel?). Do you really know that a person of a certain age can't

perform all well as a person of another age? The Age Discrimination in Employment Act makes

is (mostly) illegal to consider age when making employment decisions. Persons 40 years of age

and older are specifically protected from unfair treatment.

A point of many employment laws is to get employers to focus on primary employee factors, i.e.,

the ability to produce essential job outcomes. Secondary factors may or may not relate to the

ability to produce essential job outcomes, e.g., how fast an employee can move may or may not

be related to high production. Secondary factors may or may not be related to primary factors,

e.g., general reaction time may be related to ability to drive a truck. However, mere relationship

does not tell us which causes what. For example, let's say we know that Martians have the best

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attendance records. Without a lot of scientific investigation and analysis we can't say that being

Martian makes you come to work on time any more than we can say that coming to work on time

makes you a Martian! Odds are that coming to work on time and being Martian are related by a

third variable. In statistics we say that correlation does not infer causation.

There are some Hayden manuscripts at the Course Documents area that might be helpful.

1. Look up the Social Security definition of disabled and/or disability and compare it to the

2. Respond to the Can I Be Sued (CIBS) questions at the end of this document and include

3. Find a court case or a write up of a court case that is related to the ADA or ADEA. Try to

find a case that focuses as much as possible on supervisors in industrial or technical settings.

Post a one page summary of the court case (one page - not one screen). Give the source

(book or journal bibliographic information, web address, etc.). Do summarize the facts and

the case that each side (plaintiff and defendant) makes. Do not give the verdict in your initial

4. Four or five days after the initial post is due, post the verdict of the case.

For follow-up, among other things, make sure you cover the following.

1. In practical and realistic terms (not just legal or theoretical), what are examples of reasonable

2. Acting as a judge or jury member, decide the case. After the actual verdict is posted, discuss

how your decision matched the actual decision.

3. Discussed the details of what would make the CIBS situations legal or not.

4. Remember to follow all the general instructions.

5. How does the manager guard against subconscious biases, e.g., that old employees should

retire or disabled employees can’t do the job.

6. How does the manager ethically and legally deal with someone who happens to be older or

Can I Be Sued?

1. An interviewer eliminates a candidate partly because the candidate has a medical

condition that results in limited peripheral vision and a very slow reaction time. Due to

the hectic and dangerous nature of the shop floor, the interviewer is concerned that the

candidate would be injured by a crane load or a fork truck.

2. An employer rejects an applicant with AIDS. The employer knows that the applicant's

job performance will likely deteriorate and that sooner or later the applicant will die and a

replacement will have to be found and trained. Also, the applicant's medical expenses

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3. A job advertisement says "need five able-bodied landscape assistants."

4. A small employer (20 employees) does not want to install disability restrooms.

5. An employer requires medical exams for applicants because the employer wants to cut

6. An interviewer asks a candidate in an interview if the candidate smokes. The interviewer

knows the research that smokers miss more work.

7. An employer shies away from hiring people taking anti-depression drugs.

8. An HR director calls a candidate's reference and finds out that the candidate has recently

been to drug rehabilitation. This knowledge influences the hiring decision.

9. An applicant has a cast on his leg. The HR director calls the applicant's current supervisor

(at a different company) and asks if the applicant got hurt on the job and if the applicant

10. An employer advertises "recent college graduates wanted."

11. An employer hires many workers in their 40s but is more hesitant about people in their

12. An interviewer asks an applicant (about 60 years old) when the applicant plans to retire.

13. An interviewer asks elder applicants if they can physically perform necessary job

requirements but does not ask this question of younger applicants.

14. A company likes to promote younger employees because there is a better pay back on the

15. A company trainer comments that he'd "rather not get the geriatric detail" when told he is

to retrain several older employees on a new software package.

Disability according to Social Security and ADA

The Social Security definition of disability is, “… Inability to engage in any substantial gainful

activity by reason of any medically determinable physical or mental impairment which can be

expected to result in death or which has lasted or can be expected to last for a continuous period

of not less than 12 months” (What Does Social Security Mean By Disability?, 2009). According

to ADA, disability is a legal term and is defined as a physical or mental impairment that

substantially limits one or more major life activity. The ADA also clearly states that

discrimination against a person with disability, a person associated with disability, or a person

who do not have a disability but is regarded to have a disability is unlawful (What is the

definition of disability under the ADA?, n.d.).

Can I Be Sued?

1. An interviewer eliminates a candidate partly because the candidate has a medical

condition that results in limited peripheral vision and a very slow reaction time. Due to

the hectic and dangerous nature of the shop floor, the interviewer is concerned that the

candidate would be injured by a crane load or a fork truck.

No, it is not a CIBS situation because the candidate’s safety is important.

2. An employer rejects an applicant with AIDS. The employer knows that the applicant's

job performance will likely deteriorate and that sooner or later the applicant will die and a

replacement will have to be found and trained. Also, the applicant's medical expenses

will be significant.

Yes, it is a CIBS situation because the employer cannot discriminate against an employee

with AIDS. It is hypothetical whether the condition of the applicant will deteriorate and

even the question about when he will die cannot be estimated. Therefore, the employer

cannot discriminate on hypothetical basis.

3. A job advertisement says "need five able-bodied landscape assistants."

The term able-bodied is not to be used, and it is a CIBS situation in case anyone feels that

his or her feelings have been hurt.

4. A small employer (20 employees) does not want to install disability restrooms.

It is not exactly a CIBS situation because the employees may not be disabled and in case

there is a disabled employee the employer can think about the disability restrooms.

5. An employer requires medical exams for applicants because the employer wants to cut

costs by hiring healthy workers.

It depends on for what kind of jobs the employer wants healthy workers, for example if I

am hiring people for labor work I may need healthy workers or if I am hiring people for

security jobs then I may need healthy workers. Therefore, depending on the situation it

can be considered as CIBS or non-CIBS situation.

6. An interviewer asks a candidate in an interview if the candidate smokes. The interviewer

knows the research that smokers miss more work.

It is a CIBS situation because it is a personal question and may not be related to the job.

7. An employer shies away from hiring people taking anti-depression drugs.

It is a CIBS situation because it is differentiation against the people taking anti-

depression drugs.

8. An HR director calls a candidate's reference and finds out that the candidate has recently

been to drug rehabilitation. This knowledge influences the hiring decision.

A CIBS situation because the candidate’s past drug rehabilitation should not influence the

hiring decision.

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