The Americans with Disability Act (ADA) refers to the federal laws that illegalize discrimination against people with disability. It provides civil rights to the disabled and prohibits discrimination in public services, employment as well as in public accommodation. Again, under the same act, there exist certain title-like chapters. For instance, Title 1 prohibits employment discrimination against disabled people by the employers with more than 15 employees. This Title protects the disabled in their area of duty in all way of discrimination. Under Title II of the Americans with Disability Act, the disabled people are defended while outlaying their grievances or complain.
This Title I of the American Disability Act comprises of reasonable Agreement that includes certain modifications, enabling the disabled people to undertake certain responsibilities or functions in their jobs. However, reasonable employment would not be required the employer if there is an establishment of hardship or threat towards safety of the disabled employee. Therefore, in case a person is disabled under the American Disability Act, one can apply for the reasonable accommodation irrespective of the violation of the seniority bargain agreement. The signing of the reasonable agreement would allow the disabled to be excused under certain duties, working hours, responsibilities or any type of freedom from the job (Lichtenstein 23).
Therefore, once the employee presents this type of the issues to the union, the people responsible, the representatives would take the issue to the employer with support for the Americans with Disability Act team, and ensure the disabled employee just like any other employee gets the preferred responsibility. This would be due to the fact that ADA does not ensure or require the employer to hire specific disabled people, but it ensures that employers take qualified individuals just as the other people who are not disabled. As long as one can undertake the required responsibilities as expected by the act, he or she would get cover from Americans with Disability Act (Minnesota State Bar Association 36). However, this applies to the individuals registered under the ADA and have disclosed their disability. In case one gets an accident or illness that causes disability, then, he or she would be advised to disclose the condition to the ADA, and they would recognize issues raised by that person.
On the other hand, one should understand the process of registering under the reasonable accommodation. The first step would be telling the employer about the disability. This can be followed by explaining how the disability would affect or interfere with the performance of the job. Then, the third process would be explaining the kind of accommodation required to undertake the task. The request can be made in writing or orally. However, if the response from the employer delays because it was made orally, it would be advisable to undertake a written request. Within the request, sample letter or reasonable accommodation should be included. It should also indicate the specific time needed for the response or else one would seek other alternatives.
Therefore, the request can be made for special cases irrespective of the collective bargain agreement, but under the reasonable agreement laws. Through this, the disabled person can change the performance of duty or assignment without affecting his or her job and salary.
While, in the areas of work or employment, there are certain grievances that might arise brought about by differences between the employer and the employees. These grievances, according to the ADA, should be handled by the specific union that the employee enrolled. For instance, according to the Title II of Americans with Disabilities Act, drafted in 1990, the union within the county should not discriminate qualified people on the basis of disability in the activities, programs as well services within the county. Because of this reason, the county conducts internal procedures to handle the grievances towards equitable resolution to the complaint on any type of action that are prohibited by the Title II of Americans with Disability Act.
The complainant would now be able to request case reconsideration like when an individual is not satisfied with the resolution (Huss 87). This request should be tabled within 10 day from the time the case is issued to the Union of ADA committee. The freedom of an individual to equitable as well as prompt resolution of the complaint filed should not be impaired through the individual pursuit of things like filing the ADA Complaint with a known or responsible federal agency or department.
This implies that use of this procedure does not indicate that it is supposed to be the start of future remedies. Therefore, this indicate that the rules created here protect the rights of those interested for appropriate standard or process thus ensuring that the union is protected by the ADA thus implementing regulations. The arbitrators should ensure the grievances of the disabled people are handled well to avoid discrimination in the workplace by the employers. They should comply with the set standards by the American Disability Act, which provides laws protecting the disabled individuals in their place of work.
For instance, it would not be allowable (for the employer) to employ people without disability, leaving the disabled. If both pose the required qualification, they deserve the right to employment. In case of this scenario, the affected person should present the case to the union. From there, the union contacts ADA body or committee who (act as the arbitrators to) settle the grievance (Adam 275). The committee would, therefore, support the person until the case ends.
Once the problems have been resolved, they are tabled before the employer. The employer would most likely arrange certain meetings to discuss how to handle those grievances. If any adjustments are needed, they are then made to assist the disabled person take part in the grievance meeting as well as ask for those before the meeting (Meyer 25). All the disabled people have the legal right to be accompanied by someone in listening to the grievance meeting. It could either be a trade union representative or even work colleagues. Within the grievance meeting, an individual would have an opportunity to explain their complaint. At the end of the meeting, an individual should know what would happen next. Therefore, the employer might need to do thorough investigations before having the final decision. For instance, if a complaint targets the manager or any other colleagues, the employer would probably enquire them to explain their end actions. The disabled person should also be informed on the employer’s final decision (Twomey 54).
In conclusion, disabled individuals can get preference at their job places irrespective of the collective bargain agreement. This would be in accordance with the Reasonable Agreement under Title I of the Americans with Disability Act. Reasonable Agreement protects the people with disabilities from oppression in their work places. It also enables employers to set services, wages and the right standards for those disabled employees. Therefore, it would be through this agreement where the union, guided by the laws set aside by the American Disability Act, protects the rights of the disabled. It also ensures that the person gets preferences, whether to perform certain tasks or unlike the other people. Reasonable Agreement ensures that those individuals who have to perform some duties can perform without interference. At work place, people should have the same right, whether disabled or not as long as they all have the required qualifications. Again, in case an individual with a disability has some grievances to raise, it should not be handled by the government. Instead, the union of disabilities should handle such cases. This union should be constituted as suggested by the Americans with Disability Act to protect the disabled people with integrity. The arbitrators and the complainant should bring the case before the committee board of the Union. Here, they would follow certain procedures that involve written and oral case handling. After the whole procedure is followed, the case would then be forwarded to the Americans with Disabilities Act board members to have the final say. After that, the employer receives the findings thus leading to necessary responsibility in solving the problem.
Works Cited
Lichtenstein, Nelson. State of the Union: A Century of American Labor. New York: Princeton University Pres, 2012. Print.
Stern, James L. and Joyce M. Najita. Labor Arbitration Under Fire. New York: Cornell University Press, 1997. Print.
Twomey, David. Labor and Employment Law: Text & Cases. Stamford: Cengage Learning, 2012. Print.
Adam, J. G. (1999). Arbitration of statutory claims: The Wright decision but the wrong dictum. Labor Law Journal, 50, (4), 27 5-279. Print. Devanney, J. J. (1999). Testing the limits: Shift rotation and the ADA. Nursing Management, 30, (3), 35-38. Print. Huss M. (September 9,2003). Legal Q & A: Statutory grievance procedures. Personnel Today,13. Print. Meyer, D. (2002). Problem creation and resolution in unionized workplaces: a review of the grievance procedure. Labor Studies Journal, 27, 3, 81-114.Print. Minnesota State Bar Association (1996). The 23rd annual labor & employment law institute. St. Paul, MN: Labor and Employment Law Institute. Print.
