Suffering from chronic illness and pain, I have a hard time maintaining employment. I have the required certification and years of experience, yet I find out once you knowledge you disability they will do their best to either fire you or have you resign. Under the Americans with Disabilities Act (ADA) firing a person due to injury or disability is a violation under the ADA law. I also feel this is a human rights issue as well and this need to be placed in our constitution.
Equality and human rights are a democratic principle I have chosen because the workplace have a variety of people from different backgrounds. The workplace also has a minority group that have a disability and require accommodation to perform their jobs. Although it is not stated in the principle rights for people with disabilities, but it does state the all are valued equally and have equal opportunities and may not be discriminated against. Therefore, if one is disable, they too are to be treated equally but discrimination continues in the workplace.
In the workplace diversity is common and it means different things or people this includes people with disabilities("dictionary.com," 2019). This sheds light on the democratic principle of equality and human rights, because being a different group of people they have the same rights as others. Many of these individuals may require accommodation to perform their job and some will apply for Family Medical Leave, which provides employees to get 12 weeks of unpaid leave and protected from losing their job ("U. S Department of Labor," 2019). The flaw in this method is employee must work a year before applying and when they apply for the position they are asked If they have a disability and require accommodations. People will claim not to have a disability to avoid not being selected for the position. If hired they must pass a 90-day probation period without missing work, one would think one accommodation is being excused for doctor’s appointment. Many times, this accommodation is not met and employees with disabilities are in danger of losing their job. This in my opinion a violation of equality and human rights act and has led to the Americans with Disabilities Act 1990 that prohibits discrimination towards people with disabilities(Brooks & Kleiner, 2003). The issue with this is the loopholes employers create meaning instead of saying due to disability they can falsify information by claiming misconduct or other issues which is hard to fight without a lawyer. This can lead to people with disabilities to become depressed due to not being able to keep a job or even worst suicide (Draper, 2011). Organizations need to have contingency plans in place to tackle discrimination toward people with disabilities and should include better policy protection for these employees (Groeneveld, 2010).
Based on my analysis, diversity in the workplace will only increase and people in some occupation are at high risk for back injury and other injuries that will cause them to become disabled. Although with the disability they can still perform their jobs with accommodations from employers. I also understand this can become a strain on other employees, but the organization should have back-up plans for these situations. I fear discrimination against people with disabilities pushes them to apply for social security, which will only increase taxes for citizens.
References
. (2019). Retrieved from https://www.dol.gov/whd/fmla/
Brooks, R., & Kleiner, B. (2003). How to Comply with the Americans with Disabilities Act. Equal Opportunities International, 6, 9-16. Retrieved from https://www-emerald-com.ezp.waldenulibrary.org/insight/content/doi/10.1108/02610150310787568/full/pdf?title=how-to-comply-with-the-americans-with-disabilities-act
diversity. (2019). Retrieved from https://www.dictionary.com/browse/diversity
Draper, W. R. (2011). Workplace Discrimination and the Perception of Disability. Rehabilitation Counseling Bulletin, 55, 30-37. https://doi.org/ 10.1177/0034355210392792
Groeneveld, S. (2010). A contingency approach to representative bureaucracy:
power, equal opportunities and diversity. International Review of Administrative Sciences , 76, 239-258. https://doi.org/:10.1177/0020852309365670
