Question.1154 - Title I of the Americans With Disabilities Act, 42 U.S.C. §§ 12112(a), requires employers to provide reasonable accommodation to otherwise qualified persons with a disability to enable them to work. The federal government has a similar requirement under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. A "reasonable" accommodation a determination to be made on the facts by the employer on a case-by-case basis. Ultimately, the decision an employer makes could be reviewed by the Equal Employment Opportunity Commission (EEOC) (or an equivalent state agency) or a court if the employer is sued for discrimination.DISCUSSION PROMPT: CASE STUDY (HYPOTHETHICAL)Jordan, a fully qualified specialized registered nurse, is deaf. Jordan relies upon an American Sign Language (ASL) interpreter to communicate with hearing individuals in the workplace. Jordan applied for a job with Carmel Receiving and Trauma Center ("CRTC"), a large medical center that, with all its hubs and subsidiaries, grosses $1.3 billion annually. Net profits are in the millions.Jordan received a job offer, conditioned upon a health screening and clearance by CRTC's occupational health department. Jordan was in fact cleared. Jordan notified CRTC of the need for an ASL interpreter as an accommodation for Jordan's hearing impairment. The annual salary, including benefits, for Jordan's position was approximately $75,000. Upon investigation, CRTC calculated that the annual cost to CRTC for the ASL interpreter accommodation would be an additional $100,000 annually; there was the need for a full time interpreter for Jordan, plus several situations where two ASL interpreters would be required.In considering Jordan's request for accommodation, CRTC's hiring supervisor wrote in an email to her boss that the department's annual budget allocation could not absorb the "excessive cost of the additional personnel" of ASL qualified interpreters "for this one nurse." Based on the cost of the accommodation, CRTC immediately determined that the additional salary and overhead for the interpreters would be an "undue hardship," making the accommodation unreasonable. Relying on the undue hardship defense, CRTC did not hire Jordan.Did CRTC violate ADA?DISCUSS: 1. Was CRTC within its legal rights under ADA to refuse the accommodation and thus not hire Jordan on the basis of undue hardship? In considering this case, you should review: (a) what is considered a "reasonable" accommodation under ADA including sample accommodations listed by ADA (42 U.S.C. § 12111(9) (2018)) and the EEOC (www.eeoc.gov); and (c) the definition of "undue hardship" and standard an employer has to meet to establish "undue hardship" (42 U.S.C. § 12111(10)(a) (2018)); and (d) case law - research what the courts consider in determining if there is undue hardship justifying not providing an accommodation2. Are there ethical considerations involved in this case beyond what is required by the "letter of the law" and if so what are they?
Answer Below:
Firstly xx terms xx considering xxx reasonable xxxxxxxxxxxxx under xxx any xxxxxxxxxxxx to xxx nature xx the xxx environment xx order xx meet xxx requirements xx qualified xxxxxxxx individuals xx perform xxx basic xxxxxxxxxx operations xxxx as xxxxxx it xxxx accessible xxxxxxxxxxxxx the xxxxxx of xxx job xxxxxxxxx work xxxxxxxxx additional xxxxxxx help xxxxx functionalities xxxxxx In xxxxxxxxxx with xxx definition xx undue xxxxxxxx the xxx defines xx as x significant xxxxxxx incurred xx an xxxxxxxx when xxxxxx internal xxxxxxxxxx certain xxxxxxx discussed xxxxxxx to xxx nature xx working xxxxxxxxxx cost xx accommodation xxxxxxxxx resources xxx type xx operations xxxxxxx by xxx entity xxxxxxxxx to x b xx there xxx no xxxxxxxxxx accommodations xx the xxxxxxxx mental xxxxxxxxxxx of xx otherwise xxxxxxxxx individual xxxx disability xx it xxxxxxxx or xxxxxxxxx that xx unless xxxxxxx by xxxxxx can xxxxxxxxxxx that xxx accommodation xxxxx likely xxxxxx an xxxxx hardship xx the xxxxxxxxx of xxx business xx terms xx case xxxx which xxxxxxxx that xxxxxxxxx should xxxxxxxxxx evaluate xxx specific xxxxxxxxxxxxx of xxxx case xx order xx establish xxxxx hardship xxx court xxxxx to xxxxxxxx nature xx working xxxxxxxxxx and xxx overall xxxxxxxxx impact xx terms xx accommodation xxx in xxxxxxxx additional xxxxx are xxxxxxxx causing xxxxxxxxxxx burden xx is xxxxxx an xxxxx hardship xxxxx Considering xxx case xxxxx discussed xxx determination xx undue xxxxxxxx based xxxxxx on xxx additional xxxx of xxxxxxxxx an xxx interpreter xxx Jordan xxx not xx sufficient xxxxxx the xxxxxxxx is xxxxxxxx to xxxxxxxx the xxxxxxx financial xxxxxxxxx of xxx medical xxxxxx streamline xxx job xxxx and xxxxxxxxxxx ways xx reduce xxx cost xxxx Secondly xx terms xx ethical xxxxxxxxxxxxxx that xx beyond xxx scope xx legal xxxxxxxxxx since xx questions xxxxxxxx inclusivity xxxxxxxxx the xxxxxxxxxxx rights xx all xxx promotion xx diversity xx the xxxxxxxxx ADA xxxxxx around xxxxxxx legal xxxxxxxxxx like xxxx treatment xx terms xx providing xxxxx opportunity xxxxxxx if xxx refusal xx solely xxxxx on xxx cost xxxxxxx exploring xxxxxxxxxxxx it xxx be xxxxxxxxx as xxxxxx treatment xxxxx Secondly xxxxxxx considerations xxxxxxx fostering xx inclusive xxxx environment xxxxxxxxx accommodations xxx individuals xxxx disabilities xxxxxxxxxxx to xxxxxxxxx and xxxxxxxxx which xxx enhance xxx overall xxxxxxxxx culture xxxx employers xxx value xxxxxxx standards xx one xx their xxxxxxxxxx by xxxxxxxxxxxxx employees xxxx disabilities xxxxxxxxx contribute xx a xxxxxxx workforce xxxx brings xxxxxxxxx perspectives xxx talents xxxxx the xxx sets x legal xxxxxxxx ethical xxxxxxxxxxxxxx prompt xxxxxxxxx to xx beyond xxxx compliance xx this xxxx ethical xxxxxxxxx would xxxxxxx a xxxxxxxx evaluation xx alternatives xxxxxx deeming xx accommodation xx undue xxxxxxxx Fairness xxxxxxxxxxx and xxxxxxxxx diversity xxxxxx be xxxxxxxx to xx organization's xxxxxxx approach xx managing xxxxxxxxx with xxxxxxxxxxxx References xxxxxx R xxx Americans xxxx Disabilities xxxxx Unreasonable xxxxx on xxx Individual x Pa x Rev xxxxx C x New xxxx US xxxxxxxx Court xxxxxxxxxx Gender xxxxxxxxx Is xxx Excluded xxxx Protection xxxxx the xxxxxxxxx with xxxxxxxxxxxx Act xxxx Law xxxxx - xxxx E xxxxxx Bricks xxx Politics xxxxxxx Accessibility xxxxx Title xx and xxxxx III xx the xxxxxxxxx with xxxxxxxxxxxx Act xxxxxx Law xxxxxxMore Articles From Business Law
.ico)
.ico)
.ico)
.ico)
