Summary
A reasonable accommodation in the recruiting process is a change in the nature of the job or the work context that allows a person with a disability to qualify for the position while still having equal employment opportunities. Accommodations are considered “reasonable” if they do not cause undue hardship or directly threaten the individual (U.S. Equal Employment Opportunity Commission handbook for administrative judges, 2017).
If an individual has “a mental or physical handicap that seriously limits basic life doings,” the Americans with Disabilities Act empowers the individual to request reasonable accommodations. A healthcare provider can give medical proof to support the requirement for reasonable accommodation when the employer is unsure about a disability. Only those with disabilities are provided reasonable accommodations, not those suspected of having a disability.
An applicant or employee must perform essential work responsibilities for the HIM director to qualify the department receptionist who uses a wheelchair. The applicant’s ability to presort and file paper medical records in terminal digit order in an open self-filing unit should be given additional consideration by the HIM director. The management must also determine whether the position is available, the number of other employees who can do the same job responsibilities, and the knowledge or competencies required to complete the tasks.
The HIM director must make reasonable accommodations for this applicant, who uses a wheelchair. The director informs the candidate in writing if they are qualified. If the applicant is hired, the manager will increase work area access, supply appropriate software for the planned duties and allow work schedules that accommodate the needs of the employees. The manager provides help or service to promote job access. Management does not need to create a new post or fire current employees for a new post. The disabled person must meet the requirements for the new position.
The EEOC Roles and Requirements
The Commission enforces federal laws that prohibit discrimination against employees in terms of race, gender, religion, national origin, age (40 and up), genetic information, or handicap. The Commission protects employers with at least 15 employees, staffing firms, and labor unions. Harassments, hiring, promotion, firing, benefits, pay, and training are areas where the Commission enforces the law. EEOC investigates discrimination accusations against law-abiding businesses. After thoroughly and honestly considering the charges’ claims, the Commission decides (“Home | U.S. Equal Employment Opportunity Commission”, 2022). If discovered that there has been discrimination, the charge is dismissed. If the Commission fails, it has the authority to file a lawsuit against the government. The EEOC also employs education, outreach, and technical assistance programs to prevent employee discrimination.
The Equal Employment Opportunity Commission delivers guidance and leadership techniques to federal organizations on all aspects of the government’s equal employment opportunity programs. The EEOC ensures that government organizations and departments adhere to EEOC standards. It provides federal agencies with technical help in the areas of EEO complaint adjudication, as well as monitoring and evaluating their affirmative employment policies (“Home | U.S. Equal Employment Opportunity Commission”, 2022). It also conducts stakeholder training, creates and distributes learning materials for the federal sector, and provides assistance and guidance to Administrative Judges who participate in EEO complaint hearings and decide appeals from ad hoc rulings (U.S. Equal Employment Opportunity Commission handbook for administrative judges, 2017).
According to EEOC and ADA Title I, the HIM manager must assess each instance on a case-by-case basis before making reasonable accommodations for the candidate with the wheelchair. The section covers the stages of the reasonable accommodation process. The declaration of a handicap is the initial step in obtaining reasonable accommodations. Managers take into account disabilities that they are aware of. It’s critical to remember that the process must be collaborative, with the person with a disability and the employer working together to find a feasible solution. The management should pay attention to the application and offer an appropriate solution (Krebs, 2019).
The Commission (EEOC) advises and assists federal organizations in following its regulations and ensuring organizations have all essential programs of the federal government’s equal employment opportunities. It provides national organizations with practical help in resolving EEO complaints. It oversees and assesses federal agencies’ affirmative employment initiatives and develops and disseminates instructional materials for the federal sector. The commission provides stakeholder training and support and guidance to Administrative Judges who hear EEO grievances and adjudicate petitions from havoc disagreeing findings (Krebs, 2019).
State Laws
The National Labor Relations Act allows employees to negotiate their working conditions with their employers. It allows the employee to discuss their wage or any other issue that may be bothering them. The Family Medical Leave Act permits employees to take time off if they become ill or if a family member requires medical attention. The Americans with Impairments Act assures that people with disabilities do not face discrimination because of their disabilities. This applicant is protected from discrimination under the law, and the management makes reasonable accommodations (Song & Turner, 2019). People above the age of 40 have enough protection under Age Discrimination in Employment Act. The law allows the manager to hire all team members without discrimination (Song & Turner, 2019).
Reference
Home | U.S. Equal Employment Opportunity Commission. Eeoc. (2022). Web.
Krebs, E. (2019). Baccalaureates or Burdens? Complicating “Reasonable Accommodations” for American College Students with Disabilities. Disability Studies Quarterly, 39(3). Web.
Song, L., & Turner, J. (2019). Employment Leasing Arrangements in the Context of Labor and Employment Laws. The Psychologist-Manager Journal, 8(2), 189-204. Web.
U.S. Equal Employment Opportunity Commission. (2017). U.S. Equal Employment Opportunity Commission handbook for administrative judges.