Workplace Harassment Analysis

The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.

“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity

As defined by the United States' Equal Employment Opportunity Commission (EEOC), "It is unlawful to harass a person (an applicant or employee) because of that person's sex." Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. I also want to point out that it is illegal to discriminate against employees who have an injury or disability, or who file any type of compensation claim.

Individuals with disabilities continually encounter various forms of discrimination, including intentional exclusion from certain work areas, that denies them the opportunity to compete on an equal basis and to pursue those opportunities that guarantees success in the society. To guarantee success there is expectation regarding the relationship between the employer and employee, giving close attention to the various factors that should be considered to make the person with disability successful. This paper outlines the Americans with Disabilities Act (ADA) and the terms and conditions covering employees and employers as stated in Title 1. Title 1, as amended by the ADA amendment 2008, states that no covered entity will discriminate against a qualified individual based on disability (EEOC, 2015).

According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.

Discrimination and harassment can come in different forms, some discrimination could be seen as indirect for example a care worker spending an extra ten minutes with client A because they get on with them better than the next client, client B therefore rushing the client B’s session, while this may seem only minor at the time client B isn’t receiving all of the time they are entitled to and a lower standard of care therefore this would be seen as discrimination and could be sent to court. Most acts however are direct and have more meaning behind them this could be presented in many different form verbal and physical is the most common way delivering harassment and it could be of a race, sex, faith or other difference to discriminate on. However

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

The Americans With Disabilities Act of 1990 (ADA) prohibits an employer from discriminating against a qualified individual with a disability. Employers are required to modify spaces to accommodate those with disabilities, such as installing ramps, unless the cost of doing so would cause undue hardship. They must also make other reasonable accommodations such as providing user friendly equipment and modifying training programs and schedules (Cascio & Aquinis, 2011). The EEOC offers resources for employers to help them understand and comply with ADA laws (The U.S. Equal Employment Opportunity Commission, 2008). Sexual harassment can fall under two categories, quid pro quo or hostile work environment and is detailed under Title VII by the EEOC

Sexual harassment is discrimination that involves any uninvited comments, exploits, or behavior regarding sex, gender, or sexual orientation. If any type of violation is made by a co-worker, a boss, a work acquaintance, or even a non-employee such as a client, vendor, or contractor, this will be considered unlawful sexual harassment within the work environment. Sexual harassment can create a hostile and uneasy work environment. Sexual harassment includes inappropriate verbal advances, unwelcomed physical behavior that creates an aggressive, hostile, intimidating or malicious work environment for employees. Sexual harassment includes sending suggestive e-mails, notes, and

Harassment on the basis of race is also prohibited. Harassment is any conduct based on a person's race that creates an intimidating, hostile, or offensive work environment or interferes with the person's work performance. Harassing conduct might include racial slurs, jokes about a particular racial group, or physical acts of significance to a certain racial group. For example, hanging or posting an offensive picture or object near an employee's workspace. Not every joke or inappropriate remark constitutes harassment, from a legal perspective. Workplace conduct must be unwelcome, and it must be sufficiently severe or pervasive to change the terms and conditions of the victim's employment, to qualify as harassment. If the conduct is extreme,

Workplace Harassment. Considerations: Mental and verbal harassment covers a wide range of topics. Although sexual comments are most obvious form of harassment. Verbal harassment includes, certain political statements, promoting a religion, dirty jokes and even some types of art that people take as offensive. Law: The CRA protects most workers from discrimination due to their race, religion, age, or creed by employees. Other important federals are the Americans with Disabilities Act and the Age Discrimination in Employment Act. Features: For verbal harassment to become a potential legal issue it must create a hostile work environment for the employee and/or affect the employer’s status with the company. Not all verbal comments constitutes

Each employee has the right to work in an atmosphere that promotes equal opportunity and prohibits unlawful discriminatory practices, including sexual and other harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. For example, sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures.

Over the years, the workplace has experienced several instances of discrimination. In attempt to stop the discrimination, Title VII was passed. Although Title VII helped employers in terms of race, color, gender, religion and national origin, those who had disabilities continued to face the frustration of disability barriers in the workplace, given disability was not one of the listed protected classes. Employers abstained from hiring the disabled in fear of them not being able to perform at the same level as the other employees or the attitudes of such employees towards the disabled workers. Of course, there was some legal protection against discrimination: The Vocational Rehabilitation Act of 1973, but this law only applied to employees

Discrimination in the workplace occurs when an employee experiences harsh or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. Discrimination is one of the biggest problems people face in the workplace and it must be dealt with forcefully.

Discrimination occurs when an employee suffers from unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. Employees who have suffered reprisals for opposing workplace discrimination or for reporting violations to the authorities are also considered to be discriminated against. Federal law prohibits discrimination in work-related areas, such as recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. (employeeissues.com, 2006)