DQ1 chapter 11
Can we require any of these
What legal measures may an employer take to minimize employee claims and other employment-related liabilities, such as wrongful discharge? Consider, for example, whether an employer could require a job applicant to agree to the following:
Never sue for wrongful discharge
Agree that any employment disputes are only resolved by arbitration
Never file a worker's compensation claim
DQ2 chapter 11
Different types of discrimination
How should a manager respond when presented with cases involving different types of discrimination? Select two forms of discrimination identified in Ch. 5-12 of your text and explain specifically how a manager dealing with these two selected forms of discrimination would have to handle the cases differently. If, for example, you have a case of racial discrimination and one of disability discrimination, explain what differences may exist in how the manager investigates the cases and acts on them. Support your analysis with references relating to those forms of discrimination. Be sure to avoid selecting a combination that has been selected by another student.
DQ3 Chapter 12 Age discrimination
Age discrimination still exists today though the law strictly prohibits it. Here's why I say it: first, older employees are often given less work because it takes them more time to complete the task, or so it is argued (and I see this clearly in my organization). Second, the older generation is not as computer savvy, as the younger generation; again, something I see too often in my organization. Which reminds me of my older friend and colleague, who is not computer savvy at all, but begs the question why our boss gives her less work.
While it is on our mind to ask, we dare not to because she probably wouldn't admit it, but it seems extremely convenient. Third, have you ever noticed your older colleague with all the papers on their desk? I certainly have, and when asking my friend about it, she said I just love paper and can't do everything electronically. I love the older generation, because not only are they wiser, as stated in our book about the Japanese culture, but they are also much more mature and patient. This does not negate the fact that employers are steadfast on hiring younger candidates because of their "get it done" attitude.
This is not to say employers are all discriminatory, or that they have the ability to hire older candidates to begin with (because I have seen older candidates not apply to specific jobs because they don't have the technical skills needed or BFOQ). I just believe that even though we'd like to think employers are not discriminatory, I have seen firsthand, they're behavior, delegation of tasks and hiring of young candidates versus older candidates, indicates a society still hyper focused on age.
Just your Your thoughts
DQ4 Chapter 12 Age discrimination
Kelly and class, it us unfortunate that sometimes we have to do the hard thing and let someone go who won't work to learn the new technology. It is different if the person is having a hard time understanding it and it might mean that a different approach to teaching the technology is required. You can give me all kinds of written instructions for a new device and I might be able to muddle through it but show me and let me do it once, I am able to operate it.
DQ5 chapter 12 Age discrimination
Ashley and class, have you noticed that the older generation won't rush into something headlong but think it through more before jumping in? Sometimes I have seen the younger generation jump headlong into a situation to try to fix it without looking at all of the potential alternatives. Now that is not a blanket statement about either generation but I have seen both in the younger generation and probably less of the jump without a lot of thought in the older generation. Just my perspective, thoughts.
DQ6 chapter 13
This chapter discusses disability discrimination. Being handicapped can sometimes make life trickier and a bit harder but it does not mean that the person does not to be bullied and picked on. There are all kinds of disabilities and it is important to learn how to help that person and make him or her feel bad. The hardest part can working with the disability or even hiding it. The means that the employer needs to learn to work with the handicapped employee and show the other employees that he or she can do the same job. Being humiliated and ridiculed is not the greatest feeling especially in the workplace. Everyone needs to work together and understand each other and this does not mean one treats a disabled like he or she does not belong at the company.
DQ7 chapter 13
Kelly and class, that probably would not happen in a small business entity with a few employees as it sounds like there was a substantial expense to make the place ADA accessible and the new furniture. New builds have to be ADA compliant but if your building was built before ADA came into effect, you would not have to make the upgrade unless you are modifying the space, then it must be compliant and you don't have a choice.
DQ8 Chapter 13
Monique and class, I would suspect that most companies don't intentionally discriminate against someone with a disability. Although there are those who would discriminate against anyone not their own kind, I think that it is more of not thinking or as I said in a previous post that they are in a building that was built before ADA and would need to make many modifications to meet the ADA requirements.
Dq9 chapter 13
DAVID Class,
You're in a mall parking lot on one of the busiest shopping days and can't seem to find a space. Another car is behind you and then it's gone. As you swing around the lot again, you see the car in a disabled parking slot and watch the person who got out of the car walk perfectly fine to the entrance of the mall. What's your first thought? If you're honest, your first thought is "there is nothing wrong with him/her, why are they parking there?" and it happens everyday. Just because you don't see the disability, it doesn't mean it is not there. As employers we tend to feel if we can't see it, it must not exist and that is what gets us in trouble.
I had a brother law with epilepsy which is considered a disability because a seizure can and will disable you for the time it is happening and a little while after. He worked in the commissary warehouse on a military post. When he first started working there and parked in a handicap stall, his coworkers would report him on a regular basis to management. Since discussing an employees health with another employee is a violation of HIPAA laws, his boss would simply tell his coworkers don't' worry about it. He told his coworkers he has epilepsy and that stopped some from complaining. However, it took him having a seizure on the job for everyone to stop complaining.
A wheelchair, prosthetics, slow speech or being blind is what employers recognize as a disability from a visual and audio standpoint. These impairments make an employer spring into action because of the ADA and require no proof of disability as it is evident. The issues are the disabilities employers can't see. The ideal situation is for the employee to insure in their initial hiring meeting that HR is aware of the disability. This provides the employer with the ability to make reasonable accommodations (if required) or at the very least insure the employees immediate supervisor is aware.