Employment Law Essay Example | Topics and Well Written Essays - 1500 words - 2

Employment Law - Essay Example Accidents and disease are the leading causes of disability and they are the major contributors to work related problems. Disability has been identified as a major cause of discrimination in the work place, and not only in the United States (US) but all over the world. Denial of employment opportunities on the basis of disability is a major cause for concern which led to the formulation of various legislations to protect employment opportunities for the disabled. This falls under various anti-discrimination laws that were instigated by the Civil Rights Act of 1964. This act set the precedent for the formulation of various laws that protect individuals against discrimination based on disability, gender and a myriad of other factors that are causes of discrimination in the work place. This paper seeks to highlight, through the IRAC (Issue, Rule, Application and Conclusion) method of analysis, discrimination in the work place presented by two separate cases. Issue: John worked for XYZ Mo tor Company for 10 years before he developed a back problem that led to surgery to deal with the problem and relieve his pain. The company allows for a 30 day sick leave, which in John’s case proved to be an inadequate period for him to fully recover. He was forced by circumstances to return to work before fully getting healed to avoid the risk of being fired. His request for additional days off as recommended by his doctor was denied by his supervisor, which contributed to the deterioration of his back problem, work quantity and quality. Barry who is John’s supervisor taunts John and encourages other employees to treatment him badly because of his condition. This ultimately leads to the breakdown of John’s morale and he misses work for three consecutive days, which causes his firing under the company’s attendance policy. John has been fired from his job for three consecutive days of absenteeism at work, an issue that was instigated the treatment he got f rom the work place due to his condition. This leads to the question of whether John’s treatment at his work place was lawful, and whether there are laws that protect individuals from such circumstances. Rule: The Equal Employment Opportunity Commission (EEOC) is a US government agency that is tasked with enforcing federal employment discrimination laws. The EEOC enforces laws that are meant to protect individuals from discrimination based on gender, disability, sex, national origin, religion, age, race and color(Rothstein & Liebman 78). Disability discrimination in the work place occurs when the employer or other entities as covered by the Americans with Disability Act (ADA) treats a qualified candidate who is an employee or job applicant unfavorably because of their disability. The Law requires that an employer provide appropriate and reasonable accommodation to an employee or job applicant as long as it does not cause significant difficulty or expense for the employer (Roth stein & Liebman 48). The law also forbids discrimination in any aspect of employment that includes firing, hiring, pay, promotions, layoff, training, fringe benefits and job assignments. The disability discrimination and harassment law makes it illegal for some one to be subjected to severe offensive remarks due to their disability that creates a hostile work environment leading to adverse employment decisions like being fired and demotion (Rothstein & Liebman 58). John’s case presents a case where multiple laws were broken according to the legislations that are enforced by the EEOC and the rights that fall under the ADA. Application: Barry who was John’s supervisor represented the XYZ Motor Company and its policies, which means that the company as a whole should bear the responsibility of the