The American Disability Act, ADA

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Table of Contents

Introduction
Case One
Case two
References

Introduction

According to the American Disability Act, ADA is an act which is based on the premise that an employer who has 15 or more employees ensures that they provide reasonable accommodation for those employees or individuals who have disabilities.

However, this is unless those disabilities would be deemed to bring about or cause undue hardship. Essentially, reasonable accommodation is a change that follows changes in the work environment which is usually aimed at helping a person who has got disabilities to fit in.

Case One

According to the ADA, an employer must ensure that the reasonable accommodation arrangements are made for the employee with disabilities. This should ensure that the employee can be in a position of carrying out the essential functions of the job.

Therefore, if an employer is in a position of modifying the jobs requirement structure or structure which will cause the employer perceived hardships and at the same time ensure that an employee who has got disabilities to work, then it is paramount that the change of the job should be made. In this case, Hand meets the legal definition of a qualified individual who has got a disability.

This is because he cannot be able to carry out some tasks within the job description because of the prevailing circumstances with regard to his health condition. According to the ADA, the employer should be in a position to ensure that he creates conditions or opportunities for employees like Hand to work. This implies that it is the responsibility of the employer to create such conditions.

Case two

The LMRA is an abbreviation which stands for Labor Management Relations Act. This is a federal law which regulates the kind of relationship that exists between the employers and the employees or the workers. This law seeks to bring a balance between the in terms of rights and needs employers and employees. This is particularly in line with wages, issues to do with collective bargaining and the working conditions of the employees.

The discharge from duty of Dale and Brady was a violation of section 8(a) (1) and (3) of the LMRA. This is because the discharge was directed towards the interference and restraint which was directed against collective activity. In addition, the action taken by their employer was discriminatory in nature since it attempted to discourage any form of support for the collective formation of a union.

Essentially, instead of the employer seeking to sack the employees, it should have sought to clarify the stand of the management with regard to the issues which were being raised by Dale and Brady. This would have resulted into a common agreement in light of the subject which was at hand.

The decision by JTI to award only half of the safety bonus money available to its truck drivers was unlawful. This is because it was a decision which was arrived at without taking into considerations the interests of the workers. The workers were not consulted thus the move might be considered to be dictatorial and non democratic.

References

Holley, W., Kenneth, J., & Roger, W. (2011). The Labor Relations Process. California: Cengage Learning. Wolters, R., & William, H. (1988). Labor relations:an experiential and case approach. New York: Dryden Press.

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The American Disability Act, ADA

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