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federal laws ADA
legal & ethical issues in ursing chap 15
| Question | Answer |
|---|---|
| The Americans with Disabilities Act of 1990 history | Signed by George H. Bush July 26, 1990, Necessitated by the discrimination faced by HIV/AIDS individuals |
| Covered Entities | Employer, Employment agency, Labor organization, Joint labor-management committee, Applies to employers with 15 or more employees |
| Definition of Disability | Physical or mental impairment that substantially limits one or more of the major life enjoyments of the person, Record of such impairment, Individuals are regarded as having such an impairment |
| Physical or mental impairment | Physiologic disorder or condition |
| Mental or psychological disorder, Examples: diabetes, heart disease, AIDS, alcoholism, drug abuse | |
| major life enjoyments of the person | Fundamental activities that the average person can perform with little or no difficulty, “Substantially limits” is defined as, Inability to perform, Significant restriction |
| Record of such impairment | Has a history, Has been classified as having |
| Qualified individual is a | Person who can safely perform all aspects of the job, With or without reasonable accommodations |
| The Americans with Disabilities Act of 1990 | Employer has the right to demand no threat of safety, Reasonable accommodation is the employer’s responsibility to provide, Essential job functions |
| Exclusions | Sexual preference or behavior disorders, Gambling, kleptomaniacs, pyromaniacs, illegal drug use |
| Title I | Employment discrimination, Concepts of reasonable accommodation |
| Title II | Incorporates the remedies and procedures set forth by the Rehabilitation Act |
| Title III | Addresses public accommodations and architectural and structural barriers |
| Title IV | Speech and hearing accommodations |
| Title V | Miscellaneous provisions |
| Lawsuits under the ADA | Challenge definition of a qualified individual, Employees cannot refuse to participate in an interactive process that would result in alternative employment |
| Concerns with reasonable accommodation | Job restructuring, Part-time or modified schedule, Reassignment or transfer |
| Essential job functions | Functions that a person must be able to perform in order to be qualified for the employment position |
| Enforcement of the ADA | Done through the Equal Employment Opportunity Commission, Trials by jury may be a second option |
| Civil Rights Act of 1991 Background of the Act | Clarence Thomas Supreme Court confirmation hearings |
| Definition of Sexual Harassment | “unwelcome sexual conduct that is a term of employment” |
| Quid Pro Quo Sexual Harassment | Hostile Work Environment |
| Sexual innuendos, remarks, physical acts, Alters the conditions of employment | |
| Abusive work environment, Robinson case “reasonable woman standard” | |
| Submission to or rejection of sexual conduct by an individual used as a basis for employment decisions affecting the individual | |
| Preferential Treatment or Sexual Favoritism & Employer is liable for unlawful sexual discrimination | |
| Employer is liable for unlawful sexual discrimination when & Employee denied a job opportunity or benefit, Due to preferential treatment of another employee who submits to the employer’s sexual advances | |
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