HRMT413 Employment and Labor Relations, Week 2 Discussion

HRMT413 Employment and Labor Relations, Week 2 Discussion

What is the definition of a qualified disability? In your informed opinion, is this definition sufficient to protect both employees and employers? Do you agree with the legal position that employers must make reasonable accommodations for an individual deemed to have a qualifying disability? Lastly, is an employee's request for a remote work arrangement an undue hardship? Why or why not?

What is the definition of a qualified disability?

According to our reading, the ADA defines a disability as any physical or mental impairment that substantially limits one or more of an individuals major life activities. With this in mine a qualified disability would be someone whom with or without a reasonable accommodation can perform the essential function of a particular job position.

Does this definition protect both employer and employee?

I believe to an degree this definition protects the employer because it holds the employer accountable for reasonable accommodations of the disabled employee. It also defines for employers who is covered and who is not covered, for example individuals with an impairment that is transitory and minor do not fall under the ADA protection. The definition definitely protects disabled employees giving them the ability to work and contribute in a workplace with worry of employment discrimination.

Do I agree with the legal position that employers must make reasonable accommodations for an individual deemed to have a qualifying disability? Reasonable Accommodation under the ADA means adjusting a job or work environment to fit the needs of a disabled employee in carry on their duties. I definitely agree that an employer must make reasonable accommodation for a disabled employee with a qualifying disability. As stated before I believe that an individual qualified to to a certain job should have the opportunity to contribute no matter if they have a qualifying disability or not. They should also not be discriminated against because of this disability and if the employer can benefit from the employee through their work then reasonable accommodation for that work shouldn't be an issue once a job offer has been given. Once example I'd use is if a individual couldn't walk and had to use a wheelchair to get around but otherwise would make an exceptional employee it would be a reasonable accommodation for the employer to make sure that the business is wheelchair accessible.

Lastly, is an employee's request for a remote work arrangement an undue hardship? Why or why not? The employee's request can be an undue hardship but it will depend on the employers business. What I mean by this is does the employee need to be at work to accomplish their job's essential function. If they worked outdoors doing construction they couldn't work remotely. It depends on how many employees that are in the workforce. If the employer has a business that only has three employees it would most definitely become an undue hardship to lose an employee who requests to work remotely if a lot of the work is required to be accomplished at the office. On the other hand if an employee can accomplish their work remotely as they can in the workplace then it would not constitute an undue hardship for the employer for the reasonable accommodation.