Employer Responsibility to Disabled Employees - Free Essay Example

Sample details Pages: 7 Words: 2008 Downloads: 1 Date added: 2017/06/26 Category Career Essay Type Narrative essay Tags: Responsibility Essay Did you like this example? Discuss and explain responsibility of an employer to an employee with a disability. Nowadays, people with disabilities are present in all societies. Many of them are à ¢Ã¢â€š ¬Ã‹Å"hiddenà ¢Ã¢â€š ¬Ã¢â€ž ¢ at home or in a particular institution due to social stigma, prejudice and environmental barriers which prevent them from participating productively in society. Don’t waste time! Our writers will create an original "Employer Responsibility to Disabled Employees" essay for you Create order The Malaysian Disability Act (2008) defines the disable person as those who have long term problem with physical, mental, intellectual or sensory impairments; which in interaction with various barriers may hinder their effective participation in society. Nonetheless, people with disabilities are part of the community, they have the right to enjoy all the existing facilities in the country and also participate in all aspects of national development including employment in the labour market, without any discrimination. In the other hands, whether in the private or public sector, the employer must treat the applications of people with disabilities as they would for any other candidates. People with disabilities should not to be considered merely out of sympathy or to meet the requirements set by the government quota[1]. According to the Section 29 of the Malaysian Laws which under Persons with Disabilities Act 2008, which stated that the allocations and provisions for access to emplo yment encompass the following which are the persons with disabilities shall have the right to access to employment on equal basis. Furthermore, the employer shall in fulfilling their social responsibilities endeavor to promote a more stable employment to the person with disabilities by proper evaluation of their abilities, conducting a more proper employment management and providing suitable and comfortable work environment. The Council shall, in order to promote career opportunity of persons with disabilities in the private sector, which can have an affirmative action programme to formulate appropriate policies. Apart from this, in the labour market the Council can promote opportunities for training the persons who are disabilities by giving opportunities for entrepreneurship, self employment, starting ones own business and creating opportunities to work from home, and the development of cooperatives. Lastly, for the main purpose of this section is meant that employer also includes the Government. In addition to the responsibilities of employer to protect the employee with disabilities, it was also had Malaysiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Persons with Disabilities Act (PWDA)[2] 2008 which was passed on July 7, 2008. This act delineates that disabled people have the right to access to employment on equal basis with non-disabled people. Specifically, the act enacts that: the employer shall protect the rights of persons with disabilities, on equal basis with persons without disabilities, to just and favorable conditions of work, including equal opportunities and remuneration for work of equal value, safe, and healthy working conditions, protection from harassment and the redress of grievances. The enforcement of this act as such prohibits unfair discrimination against Malaysian disabled people that include refusing and failing to accept a disabled applicant as an employee. It has been a lapse of two years since the passing of this act and thus it would be worthwhile to gauge employersà ¢Ã¢â€š ¬Ã¢â€ž ¢ awareness of the act and to investigate whether the act works in real life and not only on paper. Moreover, another critical problems always meet by the people with disabilities is the transportation to work. The present public transportation system in the country is unfriendly and inaccessible to them. This position can be improved if employers are willing to provide them with decent accommodation or transportation to and from their workplaces. If the employer can provide the transportation to the employee with disability , it will make the employee more easy go to work. Not only provide the transportation, employer also can provide the accommodation for employee. For example, let the employee live nearby the office or shops which can let them go by themselves easily. Besides that, if an employee with disabilities are applying for a job, an employer cannot asking the employee if they are disabled or ask about the nature or sever ity of their disability. An employer can ask if an employee with disabilities can perform the duties of the job with or without reasonable accommodation. An employer can also ask disable employee to describe or to demonstrate how, with or without reasonable accommodation, they will perform the duties of the job with nice job. Other than that, an employer cannot require a disable employee to take a medical examination before they are offering a job. Following a job offer, only for all the employees who had enter into the job category and take the examination, then the employer shall offering a required medical examination to the employee. However, an employer cannot reject for hiring when he discovered the disability of the employee from the medical examination, unless the reasons for rejection which have clearly stated rhar have related to the job and it was a necessary conduct for the employerà ¢Ã¢â€š ¬Ã¢â€ž ¢s business. The employer cannot have any objection to hire the people with disabilities due to their disability if they can doing all the essential job part and function of the with an accommodation. Once the disability employee have been hired and started work, the employer cannot require that the disability employee take a medical examination or ask questions about the disability unless they are related to the job and necessary for the conduct of the employers business. The employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers compensation laws to the agencies that administer such laws. The most important things is all the medical examinations result shall be kept in private and confidential, and always maintained and put into a separate medical files. While compare to the United State, the responsibilities of employer to the employee with disabilities, it was almost same with Malaysia. In United State, it was passing the Americans with Di sabilities Act (ADA)[3] in 1990, Congress try to help the disabled people to get more career. The ADA was requires employers to make reasonable accommodations to make sure that the workers with disabilities can feeling save and secure and retain in the employment. At the same time to require the employers to make a reasonable accommodations, the ADA has had a positive support on the disabled individuals in the workforce, and has raised the awareness of U.S. employers while the main purpose is reducing to occur any discrimination against the disabled individuals. In the language of the ADA, the words accommodations is refer that an employer is required to make and provide to disabled persons during hiring and employment. The ADA prohibits employers to have any discriminatory conduct on the basis of an employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s disability. Employers may not limit the type of the jobs, segregate or classify the jobs in such a way because it was defined as discriminate; employer al so cannot try to contract or arrange with others healthy employee to discriminate the employee with disabilities. Furthermore, employer may not utilize any discriminatory standards, or methods of administration. Others than that, employer may also cannot exclude or deny the qualified of the individuals from jobs on the basis of disability. In addition, an employer must make reasonable accommodations which was known as mental or physical limitations of an qualified individual which with a disability.[4] So, the Congress might take their responsibilities which have to stop with this language, and allowed employers and the courts to determine what are the important steps of the reasonable accommodation standard requires. Instead, there would be an exception in the law if the accommodation cause undue hardship to the employers business. The ADA therefore reverse an entry between the accommodations, an employee requires in order to meet the basic requirements of a certain job, and the investment and modifications an employer must make in order to accomplish those accommodations. à ¢Ã¢â€š ¬Ã…“Undue Hardshipà ¢Ã¢â€š ¬Ã‚  under the ADA which means that significant difficulty or expense for the employer. The factors that an employer must consider in weighing undue hardship include the nature and the cost of the accommodation. Normally, the financial resources of the business and the facility of the business would require the accommodation. The next factors is the number of workers at the business and the impact of the accommodation on the facilitys resources, expenses, or operations. Overall, the employers size, resources, nature, and type of operations which was strongly affected by the accommodation. The standards for reasonable accommodation and undue hardship are hardly to give the court to prove and identify on how to apply the accommodation uniformly. Employers are only required to accommodate the disabilities workers, meaning that an employee canno t bring an ADA claim for a condition that was unknown to the employer. Additionally, sometimes the parties will disagree on whether the condition of the disability of the employee is under the law. Quadriplegia and deafness are clearly stated as disabilities, but it was still many conditions are harder to judge. Is a sore back known as a disability? What about the poor eyesight? For the examples of the à ¢Ã¢â€š ¬Ã…“accommodationsà ¢Ã¢â€š ¬Ã‚ , the reasonable accommodations which under the law can include the jobs itself and changes to the physical work environment. The reasonable accommodations by changes to the work environment usually require to have some facilities so that they are accessible and usable for the persons with disabilities. These facilities are including installing elevators, ramps, wheel chair access doors, handrails, different lighting, different chairs, desks or computers; and realizing different configurations for furniture or machinery. Job changes must include such things as restructuring the job, modifying or shortening the work schedule, acquiring or modifying necessary equipment, transferring the employee to another vacant job, and adjusting examinations, policies and training materials.[5] Assuming the employer does not controversy the employees disability, but the next question will always is the required accommodation. The ADA does not specify who is supposed to take the initiative responsibilities in accommodating of the employees disability, so employers also does not know whether its their duty or the employees duty. These duties is to propose changes that would allow the employee to perform the job well. In otherwise, some courts will require an interactive process between the disabled individual and the employer, sometimes the employer will be taking a more affirmative role. Courts can determine the reasonableness of the accommodation by the way on a case-by-case basis. What might be mean the reasonable in one co ntext and may not be in another context. For an instant, if a person in an office job who needed help from another employee to lift up the items which was weighing over 25 pounds, such help may be totally in amount to reasonable. Others part, if an airport baggage handler could not lift over the 25 pounds items, it could not stated as reasonably and rely on the same help. In the latter instance, the assistant would be performing a substantial portion of the individuals job. In making a reasonableness determination, courts will look at the essential functions of the job. If the employee cannot perform the jobs essential functions, the employee is not qualified for the job.[6] The ADA protects disabled individuals during the hiring process, in the way by prohibiting employers to have any inquiring about disabilities or subjecting prospective employees to medical tests before hiring them. However, employers may only can ask about a candidates abilities concerning to the essential of the job functions. After offering the job, the employer may require the employee to have a medical examination. Last but not least,when the duty arises, the employer is under a positive and proactive duty to take steps to remove or reduce or prevent the obstacles face as a disabled worker. No matter in Malaysia or any others countries, there confirm will have different types of act to protect the employee with disabilities. There will also have list down the responsibilities of an employer. [1] https://www.eeoc.gov/facts/ada17.html [2] https://www.eeoc.gov/eeoc/publications/ada18.cfm [3] https://undesadspd.org/Youth/ResourcesandPublications/YouthWithDisabilities.aspx [4] https://corporate.findlaw.com/litigation-disputes/employment-law-employer-s-duty-to-accommodate-an-employee-s.html [5] https://www.weisslawstl.com/practice-areas/employment-law-services/reasonable-accommodation-ada [6] https://www.workplacefairness.org/medicalprivacy

Exploring the Womens Role in the Bible Essay - 673 Words

The stories told about women in the bible illustrate the importance of their role and contribution to society. Although the Bible does not explain God’s relationship with women as with Moses and other prophets, it illustrates love and devotion women had for Him. The stories of the bible describe brave, nurturing, and God fearing women whose decisions impacted the existence of the Israelites. An interesting characteristic of the bible is that it focuses on the acts of a character without referencing their name. Some stories feature the moral of the story rather than the heroism of the character; this allows the reader to appreciate the message. Besides, men are considered more important in a patriarchal society, therefore, the majority†¦show more content†¦12) as they contributed to the continuous development of the Israelite nation. In Exodus 1:15, the Pharaoh orders the midwives to kill the baby boys born to Hebrew women. The midwives defy the Pharaoh by sparing the baby’s lives. When the Pharaoh questioned their disobedience, they tell him: â€Å"Because the Hebrew women are not like the Egyptian women: they are vigorous. Before the midwife can come to them, they have given birth† (Ex. 1:19). According to Raveh (2013), the Pharaoh failed to recognize that women, not men, or baby boys, were the threat to his kingdom. The midwives demonstrate their fear in God by disobeying the Pharaoh, recognizing he was not their leader. Additionally, Moses would cease to exist if the women obeyed the Pharaoh. In Exodus 2:5, the Pharaoh’s daughter disregards the order to kill the baby boys and rescues a baby from the reeds of the Nile. Recognizing he was Hebrew, she decides to raise him as her own, allowing a Hebrew woman to be his wet-nurse by the suggestion of a young Hebrew girl (not knowing they were the baby’s mother and sister). This baby later becomes known as Moses who eventually leads the Israelites to their freedom. 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The Canidate Free Essays

In the 1972 movie The Candidate Crocker Jarmin is the current Senator for the United States and he seems to be unbeatable. Marvin Lukas has an idea to get Bill (William) McKay to run against Jarmin in the next race though Mckay was not thought out to be able to beat him. At first McKay is not convinced with the idea of running for senator. We will write a custom essay sample on The Canidate or any similar topic only for you Order Now It is not ideal for him to follow in his fathers foot steps. McKay finally decides he is going to run after his wife and Lucas convince him he has what it takes. He also only agrees to run with the conditions that he can do and say what he wants to through out his campaign. He know he is not supposed to win. In the beginning of McKay’s campaign he does not know exactly how to approach the public and go about getting people to listen to him. He fails to fully obtain the interest of voters and can’t capture the words to make people believe he has good points to make. His campaign manager Marvin Lucas tries to give him advice as to how to handle questions from the media and from the public, but McKay still wants to speak for himself. When both Jarmin and McKay are speaking to the public, Jarmin constantly has the advantage over McKay. The People believe in what Jarmin says because he has more power and is able to make more promises. Also, McKay comes off as a young and naive candidate well on the other side Jarmin is an older, wiser, and more experienced candidate. McKay’s Campaign strategy of saying what he wanted, not listing to his team, ignoring his platform, and not having a stance on many political issues did not work in his favor. After appearing unaware to the public McKay decided to change his campaign strategies and become more personable. He chose to speak to more groups that felt that they were unheard. His campaign staff made his commercials to represent change and hope. His slogan became â€Å"For a better way vote Bill McKay. † His strategy to identify with the public seemed to be more affective rather then his previous strategy of being blunt and indecisive. Well McKay was trying to appear as a working class man Jarmin would try to appear as a true American. His campaign strategies focused on really showing that Americans had to work together and be united. Jarmin continually made his speeches and commercials focus on keeping the American dream. After McKay changed his campaign strategy his following started to grow immensely. He was receiving more media coverage along with Jarmin then ever before. McKay started being aired on news casts, political hearings, and his speeches started being filmed. Since McKay was receiving more coverage he was also coming up in the polls, and won in the primary elections. After McKay’s victory Jarmin realized McKay was real competition. Jarmin started to release commercials speaking out that letting McKay win senator was like letting a kid win senator. After the commercial was released McKay spun the statement a different way and stated that the country needed a new out look and needed changes, and in order for it to become better they needed new and fresh ideas. When Jarmin realized that McKay was giving him a run for his money he finally agreed to have a debate with him. Through this debate they were asked various questions, but neither one of them gave straight answers. They both talked about the questions but never expressed their stance on it. You did not get to learn much about the candidates because both were trying to please the public rather then speak strongly on and issue. After the debate McKay’s closing statement raised some chaos. He stated that the real issues were being ignored and that the questions that were being asked were not the questions that the public was concerned about. He believed that the people cared more about policy issues and those were not being handled or addressed properly. After the debate McKay’s following became so large that is team was astonished. McKay finally had a strong following and really had the people’s attention. He was giving speech after speech and was gaining more and more support for the democratic party. He was also giaing support from other politicians and more important people that could really help him out. Towards the end of the race they were only separated by three points. This is when people started to truly believe he had a chance. When November finally hit and they were waiting for the ending results to come in his father said to him â€Å" You’re a Politician, Son. † This statement eant that McKay did become what he had not originally planned. He never thought he would get involved in politics and follow his dad, but he was. With out being aware of it he had became everything opposite of his original plan. At the very end of the movie McKay and his campaign Manager had one last private conversation. It was in that moment that Lucas revealed that McKay had one. McKay’s final q uestion was â€Å" What do we do now? † This victory came as a great surprise to McKay and he did not know what to make of it, but he knew he now had to make life changing decisions not only for him self, but for America. How to cite The Canidate, Papers

Eudora Weltys A Visit of Charity Relationship free essay sample

Eudora Weltys A Visit of Charity: Relationship between Two Women BY nabee1678 A Visit Of Charity Do the two old women have a good relationship? Use quotations to support your answer. I think the two women have a very good relationship. I think this is evident is several parts of the story. One of the things that show this throughout the story is how the first old lady keeps on rationalizing the second old ladies behavior. We first see this when Marian brings them the potted flower and the second old lady keeps on insulting them, insisting they are not pretty'(line 18). After this the first old lady is almost apologetic and reassures Marian that the flowers are pretty. She then goes on to tell Marian You mustnt pay any attention to old Addie. (line33) Almost excusing her bad behavior. We see this again later on when old Addie snaps at the old women and begins to rant, mfou never went to school with a terrible old women forever? (lines 55-61) The old women excuses this with a simple thats not polite (lineto old Addie and begins to explain to Marian the reason for the rant, saying. We will write a custom essay sample on Eudora Weltys A Visit of Charity: Relationship or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Why she is mad because it is her birthday The second thing that leads me to believe that these two women have a good relationship is when Marian tells us about the where the first old women put the potted plant. She says, finished putting the potted plant high high on top of the wardrobe she then mention that by being on top of the wardrobe it could hardly be seen from below. I think this shows that she cares greatly for old Addie; she does not want to upset her by putting the ugly plant within easy sight of her. Almost discarding her own admiration of the plant.