Chapter VII Case Study
Introduction
Discrimination implies judging individuals by their ability/disability statuses, race, gender, sexuality, age, and religion as opposed to their competence levels. People may apply for jobs where they are the best-qualified candidates. However, they could fail to get these jobs because of the HR’s discriminative practices. Such form of practice is authentic discrimination. This case study describes one such instance as follows.
In July 2015, a large health care facility lost a case in the settlement of a disability discrimination suit filed by one of its employees (named Ms. X hereafter for confidentiality) through the U.S EEOC. The EEOC claimed that in 2009, the company withdrew a job opportunity it had made to Ms. X for a position in the company after learning, through pre-employment medical tests, that she had multiple sclerosis. At the time of her application, Ms. X worked as a nurse and felt fully competent to perform as per the requirements of her new position. Though the company contended that Ms. X failed to disclose information on her MS, EEOC stated that the employee fully disclosed her condition. It further noted that MS was the real reason for the company’s withdrawal of Ms. X’s job offer.
Two major issues arise from this case as follows. First, the company misused Ms. X’s private medical information for its discriminatory practices in employment. Second, they used a qualification practice that discriminates against persons with similar disabilities as a protected class. That said, the company seems to have violated the following ethical principles.
First, there is a clear violation of the justice principle. This principle directs that employers should engage in fairness when offering employment positions to employees. Upon disqualification, they should have the ability to justify their actions in all circumstances. Second, there is also a violation of the beneficence principle. Here, the company shows little or no respect for acting in the best interest of Ms. X as a potential employee. Instead, they use a controversial examination to extract and misuse her medical information for their benefit.
The protected class involved in this lawsuit are persons with disabilities. The American employment laws make it illegal for employers to discriminate against current and potential employees on the basis of their disability. These individuals have a special protection from discriminative practices at all employment stages, including dismissal, recruitment, as well as terms and conditions. The various forms of disability include partial or complete loss of body functioning, the presence of organisms that cause disability, and mental disorders (Harpur, 2014).
Ms. X suffers from multiple sclerosis. As a neurological condition, MS is a serious disease that presents a considerable danger to Ms. X’s neurological functioning. While she tests positive with MS, Ms. X is yet to develop serious symptoms that could affect her overall coordination. The American labor laws protect Ms. X as an employee who may have a disability in future. While Ms. X has no legal obligation to disclose her condition to the company, a prior disclosure is vital for reasonable adjustments as a show of support.
Violated State and Federal Laws
Particularly, the laws prohibit against discriminative practices made to persons because of their physical, psychological, and behavioral features. They also outlaw employment decisions made on assumptions and stereotypes concerning abilities, performance, and traits of employees across protected class diversities. These prohibitions apply to all individuals regardless of their race, sex, age, religion, and sexuality (Burns, 2013).
That is, it is unlawful at both state and federal level to discriminate against disabled individuals. Their points of focus include hiring, promotion, deployment, performance measurement, dismissal, and compensation among others. The law further touches on intentional discrimination and job policies that despairingly affect disabled individuals in ways not related to organizational objectives. Thus, these laws direct that organizations adopt measures aimed at reducing chances of discrimination. They could also address the barriers that could limit equal employment opportunities as applied to disabled persons (EEOC, 2016).
Methods to Prevent Workplace Discrimination of Disabled Persons
First, it is essential to offer equal employment opportunities and developing anti-discrimination policy documents for disabled individuals. In such cases, managers and members of staff develop a form of awareness of their responsibilities in dealing with persons with disabilities. Part of this awareness could include the use of fair examination procedures and interview methods. Second, the HR department could offer induction procedures for recruits. In this capacity, the organization will engage all new employees in activities aimed at sharing information on all workplace policies as well as retaliatory procedures concerning disabilities (Harpur, 2014).
Furthermore, the organization could develop and implement educational programs on dealing with persons with disabilities. In this case, the organization will train members and managers on how to identify, and respond to workplace harassment. The training would, however, emphasize on the proper treatment of persons with disability. Finally, it pays to implement and utilize internal complaints panels. Such panels are useful in resolving complaints in ways that are cost-effective yet fair for all involved parties (Harpur, 2014).
Policy Document
Overview
This organization recognizes the importance of diversity among its employees. It shows commitment towards the creation of an inclusive workplace that offers equal employment opportunities for all members, including those with disabilities. Part of our provision for this group is a chance to participate in a safe, harassment-free, and equitable setting. We have a role to make the necessary adjustment as a way of accommodating individuals with a disability as applied to available resources, the number of employees, and organizational priorities.
Descriptions
Disability refers to:
loss of psychological and physical functionality;
loss of body part;
communicable and non-communicable diseases;
body and body part malfunction;
Neurological disorder.
Adjustment refers to the limitation of workplace barriers in ways that ensure equal opportunities for individuals with disabilities.
Status
The organization seeks to:
Actively facilitate the employment of individuals with disabilities at all reasonable costs;
Encourage persons with disabilities to apply for various job positions within their areas of competence;
Ensure equitable treatment of persons with disabilities in all stages of employment, such as selection, hiring, training, promotion, and dismissal.
Disclosure
The organization does not require employees to disclose any form of disability in their capacity as employees. However, they could make a disclosure as an aid to making the necessary adjustments for their benefit.
Privacy
The organization shall treat any information offered by members of staff concerning their disability with the privacy they deserve.
Penalty
The organization encourages affected individuals to report cases of discrimination to the HR department for further action.
Changes to HR Policies for HR Department
The HR department could make reasonable adjustments to the workplace environment in relation to persons with disabilities. These adjustments focus on creating environments that allow the safe and productive performance of the target population. Under Title VII, disabled persons include people with physical, neurological, and psychological illnesses and conditions. Therefore, the necessary reasonable adjustments target job applicants, current employees, and new recruits (EEOC, 2016).
Policy adjustments concerning disabilities extend from minor to major changes in the work environment. Some of them include the following. First, the HR department could review and adjust all policy procedures targeting performance requirements at the job level. Second, they could arrange for flexible working hours to meet the needs of disabled persons. Third, the department could consider purchasing special equipment for employees with similar conditions. Finally, it is important for them to approve constant breaks for persons with similar symptoms (Bell, 2015).
References
Bell, M. (2015). Mental Health at Work and the Duty to Make Reasonable Adjustments. Industrial Law Journal , 1-38.
Burns, K. (2013). Mental health and inequity: A human rights approach to inequality, discrimination, and mental disability. Health and Human Rights Journal, 11 (2). Retrieved from https://www.hhrjournal.org/2013/08/mental-health-and-inequity-a-human-rights-approach-to-inequality-discrimination-and-mental-disability/
EEOC. (2016). Laws, Regulations, and Guidance: Title VII of the Civil Rights Act of 1964. Retrieved from US Equal Employment Opportunity Commission: https://www.eeoc.gov/laws/statutes/titlevii.cfm
Harpur, P. (2014). Combating Prejudice in the Workplace with Contact Theory: The Lived Experiences of Professionals with Disabilities. Disability Studies Quarterly, 34 (1).
Patrick, A., & Kumar, R. (2012). Managing Workplace Diversity: Issues and challenges . SAGE Open Journal , 1-15.
