Reasonable Accommodation in Ada
Since the introduction of Americans with Disability Act in 1990, various changes have been made regarding the Act in an effort of protecting the rights of the disabled. Many people, especially employers, fail to accomplish the requirements of the Act since the Act or rather some people with disabilities have various requests. The Act states that every individual should receive equal treatment as long as they have the qualification for the job regardless of their physical disability (Rothstein, 2015). Cases have emerged where Attorneys have to decide between choosing a company in question or a plaintiff. Therefore, the Act acts as a guideline in response to various issues affecting the people in the world regarding disability discrimination.
A recent case proved the presence of discrimination mostly in places of a job. A disabled woman requested a reasonable accommodation from her company since her affected leg could not handle searching for a parking lot. The request was formal as per the requirement of the Act (Rothstein, 2015). However, the company failed to grant her requests basin on equal treatment and that the request could not interfere with the work she attended (Wisniewski, 2016). Therefore, the woman felt discriminated and filed a claim in court accusing her superiors of neglecting her requests.
The claim towards the court in response to her discrimination act acted as a base of a court case since the court reacted within the rule specified in the ADA. At first, she lost the case. The court claimed that the accusations were not based on the job she was assigned to regardless of the claims. Therefore, the court ruled out in favor of the court. Pauline Feist, the plaintiff, was not satisfied with the ruling, and she filed another petition still with the same claims. This time, the court ruled the case in her favor. Wisniewski (2016) states that the reasons behind the ruling were that the discrimination was against the wishes of the ADA requirements stating that a reasonable accommodation was a mere request and the company could have granted Feist her wish. Therefore, the court allowed an adjustment of the Act for the plaintiff.
The Act acts as a rule that protects the nature of the disabled from discrimination specifically in workplaces. However, some people receive discrimination but never reports to the public since they are more afraid of losing their jobs. The Reasonable Clause Accommodation under the Act acts in response to the requests that most disabled people make to their employers (Rothstein, 2015). Some are just simple requests, but most employers fail to honor them arguing that every worker or employee should have similar treatment in the workplace. Therefore, discrimination occurs whenever an employer fails to comprehend into one’s requests that would hinder his or her performance in the workplace.
The Americans with Disability Act has several branches, but most of them are based on the war against discrimination. Studies suggest that people with disabilities have a tendency of feeling unwanted in the society due to their incapability to tackle various challenges in life. Whenever a disabled individual is discriminated, the response always has a negative attitude that would harm the individual negatively causing stress or other related mental distraction (Rothstein, 2015). Therefore, ADA acts as a negotiator between the disabled and the society in an effort of minimizing cases of discrimination. Similarly, the Act helps the authority to receive views and voices of the disabled as inferiors of the society.
References
Wisniewski, D. (2016). This groundbreaking ADA case could upend your accommodation process. Hrmorning.com. Retrieved from http://www.hrmorning.com/this-groundbreaking-ada-case-could-upend-your-accommodation-process/
Rothstein, M. A. (2015). Innovations of the Americans with Disabilities Act: confronting disability discrimination in employment. JAMA, 313(22), 2221-2222. doi:10.1001/jama.2015.3417
