Reasonable Accommodation, Essay Example

Abstract

This work in writing assesses the risk reduction strategy of a multinational corporation in terms of the requirements for management of the corporation in the specific area of reduction of failure to make a ‘reasonable accommodation’ by employers as required by the Americans with Disabilities Act. This study finds that the explicit flexibility written into this act has served to enable implementation at all organizational levels and reduction in risks on an organization-wide basis.

Reasonable Accommodation

Reasonable accommodation is a phrase that is defined in the Equal Employment Opportunity Commission document to be three dimensional in that what is appointed as a ‘reasonable’ accommodation may involved: (1) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or (2) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or (3) modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities. (U.S. Equal Employment Opportunity Commission, 2002: Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, 2002) This act is a federal civil rights law effective in 1992 which has as its express purpose the protection of individuals with disabilities from discrimination in the workplace. Title I of this act specifies that employers are barred from discriminating due to an individual’s disabilities and provide reasonable accommodations for employees who are disabled in some way. Only covered entities must comply with Title I. Covered entities include employers with more than 15 employees, as well as employee agencies, labor organizations and joint labor-management committees.” (U.S. Equal Employment Opportunity Commission, 2002: Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, 2002) It was specified in the enactment of the ADA Amendments Act (ADAAA) in September 2008 that the interpretation of disability has been modified insofar as the actual interpretation of how disability is defined. The term ‘essential job functions’ is stated to mean that the “fundamental job duties of the employment position that the individual with a disability holds or desires. The term essential functions in: U.S. Equal Employment Opportunity Commission, 2002: Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, 2002 )

Scenario

The writer of this work has been hired by a Logistics and Amp Services Corporation, as Vice President of Risk Management. The company is a mini-conglomerate made up of various diverse companies that have been collected, merged or acquired by purchase over the past 45 years of operation. The corporation is headquartered in Galveston, Texas, and has over 150 offices in 30 counties and has been incorporated in the State of Delaware. Duties of the VP for Risk Management require that knowledge be developed in all areas of business law, consult with corporate and legal counsel on legal matters and advise the board as to available options or reduce or minimize the risk and liability of the corporation and its ongoing activities. The team of corporate officers will be presenting training seminars to senior managers at the upcoming annual company conference in Miami. The team should research and prepare a presentation that highlights recent legal issues and cases. Research responsibilities will be delegated in the area of reasonable accommodation by employers as required by the Americans with Disabilities Act.

Background

The present corporation is involved in business operations that include water and water treatment and waste management services as well as oil and energy exploration, production, transport, refining, wholesale marketing and alternative fuels research. The present corporation in this study is also involved in home construction and property management particularly in active adult, age-restricted communities and also owns and operates shipping lines as well as leasing shipping operations. Furthermore, this corporation is a provider of internet access as well as access to small rural telephone systems and fiber cable connections. This corporation brokers and manages capital market investments in Russia, China, Eastern Europe and emerging markets. Finally this corporation is a producer, distributor and importer of spirits and wines.

Key Research Required

Geographical includes cultural, political, legal and economic considerations due to variations in the diverse settings that this corporation takes part in business operations. Research will be focused on country-specific information due to capital market management investments throughout the world this corporation participates and operates within. Cultural factors are likely to erect barriers to reasonable accommodation due to spiritual beliefs and traditional practices.

Education and Training Needs

Education and training of employees in all positions of management or supervision is a critical factor as each of ‘reasonable accommodation’ is generally implemented at the location of the needed accommodation. However, technology and information professional within the corporation must also be up-to-date on the latest technological applications in making the provision of ‘reasonable accommodation’ in alliance with the Americans with Disabilities Act.

Methods of Education and Training

Education and training will include the presentation of the information contained in this study which will be distributed and viewed throughout various levels of management and supervision within the corporation’s diverse areas of business.

Flexibility is “Key” Component in Risk Reduction

This study reviewed specific information that is inclusive of the primary considerations in risk reduction management as follows: (1) Stress that there are not any existing policies or procedures set out for employers to follow in making the ‘reasonable accommodation’; (2) Stress that there should be an organizational plan that guides and assists the employer in order to make requests and accommodations consistent and expedient; (3) Stress that there are no specific forms to use in making an official request and provide an example of the same to be followed for consistency considerations in processing such reports.

Conclusion

The American with Disabilities Act is of the nature that is inherently flexible allowing for reasonable accommodations to be implemented at the location specific to each disability that needs such accommodation. While there should be organizational rules, policies, practices and procedures to ensure consistency the real beauty in the ADA is the flexibility that approaches risk reduction through means that are rather than responsible for creating barriers ensure that inflexibility not be that attributed for failure to implement reasonable accommodations for employees in a timely and productive management approach. Removal of such rigid requirements enables the act to effectively mitigate and eliminate as well as reduce organizational risk through rapid implantation of any needed reasonable accommodation throughout its operations. Management at each and every organizational level should be educated and trained and made familiar with the requirements of the organization in making reasonable accommodations for individual employees with disabilities.

References

EEOC Sample Policies (nd) Online available at http://askjan.org/links/adapolicies.html

Five Practical Tips For Providing And Maintaining Effective Job Accommodations (nd) EEOC. Online available at: http://askjan.org/media/FivePracticalTips.doc

Establishing Procedures to Facilitate the Provision of Reasonable Accommodation (nd) EEOC Online available at: http://www.eeoc.gov/policy/docs/accommodation_procedures.html

EEOC’s Internal Accommodation Procedures (nd) Online available at: http://www.eeoc.gov/policy/docs/accommodation_procedures_eeoc.html

EEOC’s Practical Advice for Drafting and Implementing Reasonable Accommodation Procedures American With Disabilities Act  (nd ) under Executive Order 13164 . EEOC’s Title I Technical Assistance Manual at http://askjan.org/links/ADAtam1.html, section 2.3(a).

Job Accommodation Network, West Virginia. Accommodation and Compliance Series. Online available at: http://www.eeoc.gov/federal/implementing_accommodation.html

Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (2002) Online available at: http://www.eeoc.gov/policy/docs/accommodation.html