Huber v WalMart
In the United States, the 1990 American's with Disabilities Act (ADA) was a huge step forward in Civil and Individual Rights that protects against discrimination and requires access to all public organizations. To broaden this, the ADA Amendments Act of 2008 (ADAAA) includes a major list of life activities and enhances the requirements for accessibility. Broadly defined, an individual has a disability if they have something physical or mental that prevents them from engaging in a major activity that most people take for granted. The law already addresses equal employment opportunities, (Title 1 of the ADA), but other parts of the ADA are more focused to what is known as "reasonable accommodation." This means that if an individual is otherwise qualified for a position, their disability, or impairment, must not be a factor in being hired, promoted, or otherwise actualized within the position.
In the case of Huber v. Wal-Mart, Pam Huber worked for Wal-Mart as a dry grocery order filler. She was not disabled when she was put in this position, but permanently injured her right arm as a result of a workplace injury. As a reasonable accommodation, Huber requested to be assigned to a router position, which both parties agreed was a vacant position and equivalent. Although the parties agreed that Huber was qualified, she was not the most qualified for that position. Huber was given a different position at another facility, but her salary was lowered from $13/hour to $6.70/hour. The District Court found in favor of Huber, but the 8th Circuit Court of Appeals reversed the decision and sided with Wal-Mart (Huber v Wal-Mart, 2007).
Part 1 -- In the case, both parties stipulated to some basic facts: Huber was injured while working, she was qualified for the vacant position, and she would be given another position to accommodate her disability. The germane issue was the actual qualifications for the router position. While Huber was qualified,...
Discrimination and Affirmative Action Title I of the Americans with Disabilities Act (ADA) enforced by the U.S. Equal Employment Opportunity Commission (EEOC) prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. Title I of the ADA also generally requires covered employers to make reasonable accommodations -- changes in the workplace or in the way things are usually done
The union, however, must be part of the process of determining a reasonable accommodation where the reasonable accommodation would cause a material, substantial or significant change in working conditions" to the unionized employees (Johnson, 2007). However, negotiating reasonable accommodations, "may conflict with the NLRA prohibitions on direct dealing and unilateral changes to terms and conditions of employment," which must be established during the collective bargaining process (Johnson, 2007). Thus the
Discrimination against the elderly, against pregnant women, against women with children, against people of color are all prohibited under the law. The EEOC or Equal Employment Opportunity Commission was created to administer Title VII of the Civil Rights act and specifically to "progress race, national origin, religious, and sex discrimination claims pursuant to the statue" (Gregory, 2003). Is the EEC doing its job? During the first year alone after
Sheriff Jones caused an internal investigation to b conducted. The investigation found that Smith has not violated any law or policies of the department and further did not violate any rule regarding the use of fire arms. After all these findings disciplinary charges were made against Smith and were awarded with 30 days suspension. After a due process hearing the board which went into the issue concluded that Smith was
Slotting summer jobs or paid internships specifically for high school, college and post-grad students with disabilities; (2) Affirmative action and mentoring for people with disabilities. (Whether and how to implement affirmative action depends on organizational culture and applicable law.); (3) Training and professional development for people with disabilities; (4) Accomplishments of goals, services available, etc. In your organization's newsletter, bulletin board and reports, to the extent that other groups
Census Bureau in the United States, there are about 54 million Americans that have some sort of disability. Out of these persons, 26 million persons have a severe disability. While employment rates are concerned, it should be seen that 82% of the people in America without a disability have a job or some sort of business. Keeping this in mind, it should be seen that the employment rate of
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now