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Impacts of the Americans With Disabilities Act
Term Paper ID:27448
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Essay Subject:
Discusses some of the potential consequences of the Americans With Disabilities Act (ADA). Focuses on possible friction in the areas of labor relations & workplace flexibility.... More...
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3 Pages / 675 Words
5 sources, 7 Citations,
APA Format
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Paper Abstract:
Discusses some of the potential consequences of the Americans With Disabilities Act (ADA). Focuses on possible friction in the areas of labor relations & workplace flexibility.
Paper Introduction:
INTRODUCTION
The new regulations for employing people with disabilities will mean major changes in the workplace, and two areas that will be affected are labor relations and workplace flexibility. The regulations instruct as to how employers must accommodate disabled employees and prospective employees, and the regulations now offered on employing people with disabilities are being issued six months after the effective date of an earlier set of rules concerning how businesses must accommodate disabled members of the public. The Americans with Disabilities Act prohibits discrimination against people with mental or physical impairments. The employment rules apply to companies with 25 or more employees at the present time, and within two years to companies with 15 to 24 employees. Companies with fewer than 15
Text of the Paper:
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and E.K. Pati, G.C. Theemployment rules apply to companies with 25 or more employees at thepresent time, and within two years to companies with 15 to 24 employees.Companies with fewer than 15 employees are exempt from the job-bias rules(McKee, 1992). Productionstandards are a common feature in the American workplace and are typicallyused to establish and measure work performance requirements. This raises the issueof how flexible sites with production standards can be (Lund and DeClercq,1996). ISSUES IN LABOR RELATIONS Conflicts are perceived as likely between the Americans withDisabilities Act (ADA) and the collective bargaining obligations ofemployers under the National Labor Relations Act (NRLA), and possibleconflicts are seen as limited only by the creativity of lawyers. Equal EmploymentOpportunity Commission. Bailey (1995, January 1). The Americans with Disabilities Act prohibitsdiscrimination against people with mental or physical impairments. --If a union files a grievance over issues of the accommodation of adisabled employee in preference to an employee with more seniority, thequestion arises if this action will amount to retaliation against thedisabled person under ADA (Lissy, 1993). The regulations instruct as tohow employers must accommodate disabled employees and prospectiveemployees, and the regulations now offered on employing people withdisabilities are being issued six months after the effective date of anearlier set of rules concerning how businesses must accommodate disabledmembers of the public. DeClercq (1996, September 1). (1993, March 1). One problem is the ADA itself, which some legal experts say the actcontains such vague wording that it will force case-by-case interpretationsbringing many employers into court. (1991, April). The ADA mightrequire a number of significant work site modifications, and these in turnmight affect workplaces with production standards. There is a procedure for deciding suchissues, beginning with sending the complaint to the U.S. "Labor law and disabilities lawincompatible?" Supervision. (1992, June 1). Pati and Bailey (1995) note that the most successful companiesimplementing this legislation will be those capable not only ofimplementation but of using implementation for a competitive advantage.The firm will benefit from greater flexibility and from a program to managediversity more aggressively. --An employer's duty to bargain with a union may conflict with his orher duty under ADA to discuss reasonable accommodations directly withemployees who have disabilities. Lund, J. ISSUES IN WORKPLACE FLEXIBILITY The ADA will affect issues of workplace production standards and theway unions may respond to questions of workplace flexibility. The EEOC may give permission for the complainantto sue the employer in federal court for punitive and compensatory damages(McKee, 1992). McKee, B. In this case, it is the union thatcarries the burden of proof that the standard is unreasonable (Lund, 1991). References Lissy, W. "Production standardsand the Americans with Disabilities Act: A preliminary review andanalysis." Labor Studies Journal. INTRODUCTION The new regulations for employing people with disabilities will meanmajor changes in the workplace, and two areas that will be affected arelabor relations and workplace flexibility. Some ofthe conflicts employers may face have been identified as follows: --The employer's duty to accommodate employees with disabilities underADA may conflict with seniority provisions in its collective bargainingcontract. and N. "Computerized work performance monitoring andproduction standards: A review of labor law issues." Labor law journal42(4), 195-2 3. Unions have not alwayssought to negotiate production standards at their point of implementationand instead have used the arbitration process to test the reasonableness ofthe standards after implementation. "Disability rules target job bias."Nation's Business. "Empowering people withdisabilities: Strategy and human resource issues in implementing the ADA."Organizational Dynamics. Lund, J. In such acase, the employer must carry the burden of proof to demonstrate that thedisciplinary action is for just cause (Lund, 1991). Unions may be faced with the need to challenge production standardswhere the issue before the arbitrator is a disciplinary action, or theapplication of the performance standard to an individual case.
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