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HRCU 648: Legal Issues In Human Resources

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HRCU 648: Legal Issues In Human Resources
Legal Issues within Disability Discrimination
Carin E. Smalley
Legal Issues in Human Resources HRCU 648
Benedict Lastimado
October 22, 2013

Introduction Within my company, we have an employee that committed what our company terms a “Class A” violation this past summer of 2013. Typically, a violation of this type would be punishable by termination. Because this employee was covered by a workman’s compensation injury and was working modified/light duty at the time of this violation, however, the employee attempted to defend his actions by claiming that because he was being weaned off of the narcotic pain medication that he had been taking to deal with the pain from his work injury, he was temporarily disabled and should …show more content…
When the ADA began, it was intended to protect those with disabling conditions from being held out of employment based on the functions that they could not do related to their disability. When the ADA was tested in court, however, the courts ended up stalling the process of accommodation by spending most of their time deciding if someone could actually be deemed disabled or not relative to their condition. With the amendments to the ADA, the focus has been redirected onto the process of reasonable accommodation and attempting to remove the barriers that hold the disabled out of …show more content…
E. (2011). Is everyone disabled under the ADA? An analysis of the recent amendments and guidance for employers. Employee Relations Law Journal, (4). 3. Retrieved from: http://libproxy.chapman.edu
Dwoskin, L. B., & Squire, M. (2013). Reasonable accommodation under the new ADA: how far must employers go?. Employee Relations Law Journal, (4). 3. Retrieved from: http://libproxy.chapman.edu
Francyne, S. (2013) Commentary: ADA/AADAA/EEOC = OMG!. Michigan Lawyers Weekly, [serial online]. Available from: Academic OneFile, Ipswich, MA. Retrieved from: http://libproxy.chapman.edu
Pierre-Louis, M.E., (2013) Accommodating Employees With Mental Illnesses Under the ADAAA. HR Focus, 90(4), S-1-S-4. Retrieved from: http://libproxy.chapman.edu
U.S. District Court Eastern District of N.C. Case Summaries: April 19, 2013. (2013, April 19). North Carolina Lawyers Weekly. Retrieved from:
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