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Employment Law and American Disabilities Act - Essay Example

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The paper "Employment Law and American Disabilities Act " discusses the issues that surround this case concerning discrimination against an employee who is infected with AIDS. One of the co-workers working with the employee is discriminating against the other employee creating a stigma…
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Employment Law and American Disabilities Act
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Extract of sample "Employment Law and American Disabilities Act"

Based on the information availed from this organization we get to know that the employer does not have the plan to deal with employees with different conditions. As a result, the employer must implement certain recommendations in line with organizational policy and management. One of the requirements that should be implemented is that the employee with AIDS should be recognized as disabled. Since according to the ADA act, disability cases are assessed on a case-to-case basis and this should include the employee suffering from AIDS.

As a recommendation, employees suffering from AIDS should be accommodated according to the provisions of the ADA act (Goren, 2010). Moreover, the employer should identify with its employees that discrimination is not allowed within the workplace. As a result, the employer in this case should adhere to the provisions of the ADA and not conduct HIV/AIDS testing at the workplace currently or in the future. In the process of preventing job disruption, the employer should come up with a strict adherence policy that allows all co-workers to work together irrespective of their medical condition (Goren, 2010).

Apart from these recommendations, the employer in this case should come up with organizational policies that are meant to deal with these issues. One of the policy implementation points is to come up with a policy that allows for the hiring of all kinds of employees and the implementation of the ADA act. The employer should also implement a policy that allows all employees to learn all laws and policies that deal with workplace employment. This would assist the company to implement policies concerning disability within the company. Moreover, the company should come up with a policy whereby co-workers are empowered with education concerning illnesses and disabilities.

This policy will enable company employees to understand various issues concerning disabilities and make them more tolerant in interacting with either ill or disabled patients (Blanck, 2009). The implementation of a non-discrimination policy for employees will assist in boosting the work and make it easy for supervisors to work with other employees. A non-discrimination policy will also greatly assist employees and employers in respecting the rights of all workers in the wider scheme of implementing equal rights as envisaged in different laws and regulations.

The best plan to deal with these issues that have arisen in the workplace is to make use of employee training. The training plan will look into ways of ensuring scientific information is disseminated in the office and employees do not necessarily stigmatize other workers. The training plan will focus on risk assessment at the office and how to control exposure to other employees in the company (Goren, 2010). Moreover, training should be provided on how to handle employees with AIDS in terms of work assignments and proper working conditions.

Most AIDS-afflicted individuals suffer greatly from stigma and thus training will create an easy atmosphere of acceptance and work continuation (Blanck, 2009). Above all the training program is supposed to assure AIDS-afflicted employees are guaranteed of work continuation and rights like all other employees. Training employees on the risks, facts, and information concerning AIDS gives a better understanding of the situation and saves the company from a lot of problems such as legal and financial implications. For instance, the company could avoid a lot of problems such as being sued for discrimination which could lead to huge financial and legal losses.

Conclusion

Employees in the workplace need to be treated equally even if they are suffering from any condition or disability. For instance, employees suffering from AIDS are entitled to work benefits like all other employees. In this case, the ADA act recognizes all people with disabilities as enjoying the same rights as other employees. Moreover, the employer should come up with policies that ensure the rights of these employees are protected and work is not disrupted. This will be achieved if education on disabilities and conditions such as AIDS is well thought out to the employees. Employees need to realize that equal rights for everyone at the workplace are paramount to a good working environment. Read More
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