Discuss discrimination of a person with a disability


Discuss the below in detail:

1 The role of a police officer is highly demanding, it requires strength, agility, mental toughness among other physical traits. Although there are officer's who have some type of physical disability, not all disabilities are the same and therefore, according to the American Disabilities Act, each disabled individual will not be judged by their disability but more so their ability to perform the essential functions of the job (Avery, p. 58). This protects the agency from a potential violation of the ADA Rights Act and sets clear requirements for those wth disabilities to understand. Also, within the ADA Act, it states an employer must make reasonable accommodations for an employee with disabilities, so in this instance, perhaps and individual could be assigned a desk job rather than a patrol function if they have a physical disabilities which fails to allow them to perform the necessary functions.

Turning to a personal experience which relates to the Saint Leo vale of integrity. After being medically retired from the Army, I applied and interviewed with the Tampa police department. I have limited use of my right hand as a result of injuries sustained in combat but I was able to complete all the necessary physical requirements they ran me through and actually finished ahead of everyone in the course. I did not have any police or law enforcement background which did not help me when I had to act out specific situations but the purpose of the job interview was to be selected to attend their Academy which is where I would have learned these skills. Unfortunately, I never heard back from the Tampa PD, my gut tells me that they had the integrity to do the right thing and that the decision not to hire me was not based on my physical disability; however, I still do not know why I was not selected. As a former soldier, I felt as though I needed to give back to my community and help serve and protect it because that's what I did for our country, and still do. It was a little disappointing to not be selected but I have faith they did not violate my rights.

2 The American Disabilities Act (ADA) was implemented to cease any discrimination of a person with a disability. Therefore, the ADA requires that employers judge a person, not on a disability, but on the facts if the person is able to perform the tasks or requirements for the job (Avery, 2014). The example given was a blind person wanting to be an officer. However, police officers have certain physical job requirements that are essentials for job function. Human Resources furnishes job descriptions for review to ensure the potential applicant understands and is capable of the requirements. For example, according to Pinellas County Sheriff's Office (PCSO) Human Resources Division, the deputy must be able to engage in physical responsibilities as subduing, restraining or apprehending of law violators; are able to use a firearm, defensive tactics, and are capable of tactical driving; and render physical help to the community, to name a few (PCSO, 2018). It goes further into specific motor vehicle operation capabilities, and so forth. These requirements are necessary, not only for the safety of the deputy, but to those persons the deputy comes into contact. A physical ability is imperative to perform the job and does not discriminate against a person who as given in the example is blind.

So, how should an employer treat a person with a disability? In my opinion, as if there is no disability at all. While I understand this may be easier said than done, an attempt for equal treatment is extremely important. Disabled persons have the right under the ADA to have reasonable accommodations to perform certain job functions and every attempt should be made for these accommodations within reason. Our unit recently had a member become sick and the member was not able to perform the required job functions as a Forensic Specialist. This is an important issue that can not be understated. If we mess up a scene or evidence because we truly are not capable of doing our job, the victim will suffer. We still have a duty to the community to uphold our responsibilities and commitment to the public; however, we also have a responsibility to the member. It was then decided to place the member into a position that meet the member's needs while meeting the needs of the agency. Though this member wasn't termed "disabled" the member meets the definition because the member was limited on major life activities (Avery, 2014).

In closing, the fair treatment of all employees boils down to respect, one of Saint Leo's Core Values. Respect can come in the form of actions and words. People with disabilities knows the limitations and daily strife's they face. They live it every day, so if we treat people that have disabilities a though they have one, we are not showing them respect and are demeaning them as incapable bodies.

3 For all law enforcement agencies, it is very important to have a physical standard in place that all new hires must meet. Unfortunately, as time goes on, it is very unusual that the same standards stay in place for their sworn employees. For law enforcement, having a set standard protects the agency legally by setting a minimal standard for law enforcement to have so that they can be considered fit for duty. If the agency does not have a fitness standard in place, they may be held responsible for hiring an individual who is not fit for duty. Also, officers who maintain a high level of fitness throughout their career can save their department money by having less medical issues to include injuries. They will tend to also remain more mentally stable, especially through traumatic experiences and be able to handle physical altercations with suspects better. The main idea of my post is that law enforcement should be and is held to a higher standard than other civilian jobs. The potential for having high physical and mental dealings is much higher than working as a civilian. Disabled individuals should be afforded equal opportunity to work but with jobs such as law enforcement, minimal standards must be put in place to protect the agency, community and other police officers working alongside each other.

I've been employed with my agency, the Hillsborough County Sheriff's Office in Tampa, Florida for 16 years. Over the last twelve years or so, my agency has expressed a high concern towards fitness of their employees. The HCSO put out a written directive as to what their new fitness policy would be. This policy was to take place in five years. They made personal trainers available to all employees in order to give them time to transform their body and lifestyle. When the five year period was over, less than five percent of our workforce was fired due to not meeting the minimal fitness requirements. Since then, our health insurance costs have gone down, our turnover rate has decreased and the average length of time for employment was started to rise. When applicable, the HCSO found civilian jobs for the law enforcement officers who could no longer meet the minimal standard necessary to work in a sworn position in our agency. In my opinion the policy change did not violate any civil rights of our employers. The agency gave significant warning of the changes in policy and options such a free personal trainer in order for everyone to meet these requirements.

Saint Leo University's core value of Personal Development which states; Saint Leo University stresses the development of every person's mind, spirit, and body for a balanced life. All members of the Saint Leo University community must demonstrate their commitment to personal development to help strengthen the character of our community, is an example and statement directly related to the importance of all law enforcement officers and agencies developing a policy to make sure that all sworn staff remain physically and emotionally sound to ensure the strengthening of our community.

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Business Law and Ethics: Discuss discrimination of a person with a disability
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