In 1990, Congress enacted the Americans with Disabilities Act (ADA), defining disability as a physical or mental impairment that substantially limits one or more of a person's major life activities. Under the ADA, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. (Kushibab, 2002)
The ADA provides that a reasonable accommodation may--depending on the employment circumstances--include making existing workplace facilities readily accessible to and usable by individuals with disabilities; job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modification of equipment or devices; appropriate adjustment or modification of examinations, training materials, or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. The employer is not required to make a reasonable accommodation, however, if the accommodation would impose an undue hardship on the employer's business, or if the condition in question is not recognized as a disability under ADA. For example, a person currently engaging in the illegal use of drugs is not an individual with a disability. Moreover, Congress has held that compulsive gambling, kleptomania, or various sexual behavior disorders would not be a disability. (Kushibab, 2002) The simulation raises the issue of drug abuse and portrays the supervisor’s legally correct reaction to his employee’s problem.
Questions of personality, attitude toward work, and future upward mobility should be considered when hiring an employee. It is important to consider how the applicant’s personality and work ethic will fit into the established corporate culture as well as into any team dynamic that the position entails. The future upward mobility prospects and desires of the person should be considered as well in order to work them into the planning of succession as their supervisor’s either leave or get promoted into a higher position. This helps to assure a pipeline of employee’s ready to step into higher positions as the need arises. (Suc.Plan.n.d.) The simulation brings that to light when the history of a former employee is brought into the consideration when he applies to return. Any employment agreement, verbal or written, must conform to the standards of Title VII because it is a federal law. Therefore Title VII can override the employment environment and conditions detailed in a written employment contract between an employer and employee. (Bennett-Alexander & Hartman, 2007)
References
Bennett-Alexander, D.D, Hartman, L.P.(2007).Employment Law for Business. [University of Phoenix Custom Edition e-text] McGraw-Hill 2007, Boston MA.
Retrieved August 22, 2007, from University of Phoenix, rEsource, MGT434-Employment Law
Kushibab, P. (2002) The Rights of Employees with Disabilities. Retrieved August 21, 2007 from http://www.maricopa.edu/legal/dp/rights_employees.htm
The Office of Personnel Management. Succession Planning Slip Sheet (n.d.).
Retrieved August 22, 2007 from http://www.opm.gov/hr/employ/products/succession/succ_plan_text.htm