Sunday, May 5, 2019

Employment Law Essay Example | Topics and Well Written Essays - 1500 words - 2

Employment Law - Essay ExampleAccidents and disease are the direct serves of handicap and they are the major contributors to work related difficultys. Disability has been identified as a major stool of favoritism in the work place, and not only in the United States (US) but all over the world. Denial of duty opportunities on the basis of disability is a major cause for concern which lead to the formulation of various legislations to protect employment opportunities for the disabled. This falls under various anti-discrimination laws that were instigated by the Civil Rights work of 1964. This act set the precedent for the formulation of various laws that protect individuals against discrimination based on disability, sex activity and a myriad of other factors that are causes of discrimination in the work place. This paper seeks to highlight, through the IRAC (Issue, traffic pattern, applications programme and Conclusion) method of analysis, discrimination in the work place presented by two separate cuticles. Issue gutter worked for XYZ Motor Company for 10 years before he developed a back problem that led to surgery to deal with the problem and relieve his pain. The company allows for a 30 day excrete leave, which in washstands case proved to be an inadequate period for him to fully recover. He was forced by circumstances to return to work before fully getting healed to subjugate the risk of being fired. His request for additional days off as recommended by his doctor was denied by his supervisor, which contributed to the deterioration of his back problem, work quantity and quality. Barry who is privys supervisor taunts John and encourages other employees to sermon him badly because of his condition. This ultimately leads to the breakdown of Johns morale and he misses work for three unbent days, which causes his firing under the companys attendance policy. John has been fired from his job for three back-to-back days of absenteeism at work, an issue that was instigated the treatment he got from the work place due to his condition. This leads to the question of whether Johns treatment at his work place was lawful, and whether there are laws that protect individuals from such circumstances. Rule The Equal Employment Opportunity Commission (EEOC) is a US government agency that is tasked with enforcing federal employment discrimination laws. The EEOC enforces laws that are meant to protect individuals from discrimination based on gender, disability, sex, national origin, religion, age, race and color(Rothstein & Liebman 78). Disability discrimination in the work place occurs when the employer or other entities as covered by the Americans with Disability turn of events (ADA) treats a qualified candidate who is an employee or job applicant unfavorably because of their disability. The Law requires that an employer provide detach and reasonable accommodation to an employee or job applicant as long as it does not cause signific ant difficulty or expense for the employer (Rothstein & Liebman 48). The law also forbids discrimination in any manifestation of employment that includes firing, hiring, pay, promotions, layoff, training, fringe benefits and job assignments. The disability discrimination and harassment law makes it illegal for some ace to be subjected to severe offensive remarks due to their disability that creates a hostile work environment leading to adverse employment decisions like being fired and demotion (Rothstein & Liebman 58). Johns case presents a case where multiple laws were broken according to the legislations that are enforced by the EEOC and the rights that fall under the ADA. Application Barry who was Johns supervisor represented the XYZ Motor Company and its policies, which means that the company as a total should bear the responsibility of the

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