The Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC) :: essays papers

The Ameri privys with Disabilities Act (adenosine deaminase) and the Equal Employment opportunity Commission (EEOC) Preemployment screening can help management avoid hiring problem employees. However, employers must c arefully paseo through the screening process, or they may find themselves in trespass of the discrimination laws set by the Americans with Disabilities Act (ADA). Security Management, with the assistance of sanctioned experts, has reviewed the docket of 131 recent ADA cases at the Equal Employment Opportunity Commission (EEOC) to see whether any(prenominal) instructive trends are evident. The docket consists of ADA cases currently under litigation or recently decided. Most of the cases reviewed pertain preemployment issues, rather than disagreements that arose during employment. The ADA divides employment into three time periods to begin with the concern press, after the job offer, and employment. During the first stage, an employer is not allowe d to ask questions that are believably to cause the applicant to reveal a disability. At this stage, the employer cannot require aesculapian examination tests and can only ask whether an applicant can perform natural job-related functions, with or without reasonable accommodation. After an offer has been made but before the applicant has started working, employers have the freedom to ask any type of checkup checkup examination question or require any medical test, but employers are limited in what they can do with this information. At this stage, the job offer is considered conditional however, a conditional offer can be withdrawn only under two conditions if the test reveals that the applicant cannot perform the indispensable functions of the job (with or without reasonable accommodation) or if placing the candidate in the job-given the applicants medical condition-would pose a direct threat to the health or base hit of the applicant or other employees. As an example of the second situation, an employee who suffers intermittent, occasional blackouts could not drive a forklift without posing a direct recourse threat in the workplace. For current employees, employers can only require medical tests or ask medical questions when they are job related and incumbent for business reasons. The only exception is drug testing. The ADA does not nurse current users of illegal drugs, nor does it consider drug testing a medical exam. Thus, employers have the right to test their employees or applicants for unlawful drugs at any time.