Disability Discrimination: Analysis of Legal Framework and Case Study

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Homework Assignment
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This assignment delves into the complexities of disability discrimination in the workplace, focusing on the legal frameworks and ethical considerations surrounding the issue. It examines the legal aspects of the Americans with Disabilities Act 1990 and the Equality Act 2010, highlighting the importance of treating individuals fairly regardless of their disabilities. The assignment analyzes a case study involving Raytheon Co. to illustrate how courts address disability discrimination claims, emphasizing the importance of distinguishing between an employee's disabilities and their conduct. It explores the implications of decisions like the one in the Raytheon Co. case and the role of legal frameworks in protecting individuals from unfair treatment, while also considering situations where an employer might have legitimate grounds for not employing someone due to their behavior. The assignment aims to provide a comprehensive understanding of the legal and ethical dimensions of disability discrimination, offering insights into the rights of individuals with disabilities and the responsibilities of employers.
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Running Head: Disadvantages of disabilities 0
ifferentiating on t e basis ofD h
disability
February 12
2020
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Disadvantages of disabilities 1
Disability Discrimination is when any employee is suffering from any kind of
disability and that result in biasness towards the employee at the work place.
The Disability discrimination is covered under the Americans with Disabilities Act
1990; it is clearly mentioned that a proprietor is less preferable because they have the history
of disability such as cancer, amputation or any other kind of disease. Alternatively, any
physical or mental impairment, which is not temporary and minor. It is not ethical to
discriminate a person because of his disabilities rather than trusting on his abilities. In the
case, Raytheon Co. v. Hernandez 540 U.S. 44 (2003) It was observed that the petitioner have
not re-hired the employee voluntarily, because the employee was the drug addict but the
employee was attending meetings from an alcoholics anonymous counsellor for his recovery.
The employer rejected the application of the petitioner without knowing that he was drug
addict. The respondent charged that he had been discriminated against violation of the
American with Disabilities (Stiwart & Niccoloi, 2011). The court held that employer might
decline to reappoint an employee who disrupted the workplace with his drug addiction rather
than on the workers addiction (Lawson, 2011). Yes, it was the right decision taken by the
court, as it is fair enough to not appoint the employee who previously violated the workplace
because of his disabilities but the authority cannot discriminate merely on the basis of
disabilities without any valid reason, According to the Equality Act 2010, one cannot be
discriminated because of any disabilities he or she is suffering from, as it is not ethically or
morally right one should be treated equally because of their work not because of their
disabilities.
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Disadvantages of disabilities 2
Reference
Lawson, A. (2011). European Union Non-Discrimination Law and Intersectionality:. New
York: Routledge.
Stiwart, A., & Niccoloi, S. (2011). Disability Discrimination by Association. Sage journal,
190.
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