Term Paper: Employment Discrimination and Globalization

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Employment Discrimination

Signed into law in 1990 the Americans with Disabilities Act (ADA) "prohibits employment discrimination against the disabled" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). The law protects those with a disability from being targeted for no hire as job applicants, or discharged from work as employees of a firm. Additionally, the law sets out parameters of reasonable accommodation, actions which an employer must take in order to "adjust a job or work environment to fit the needs of disabled employees" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). The case of U.S. Airways Inc. v. Barnett explicates the reasonable accommodation provision as it relates to an employee who after suffering a debilitating injury leading to disability, transferred to a "less demanding mailroom position" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008), which subsequently he was in danger of losing due to U.S. Airways seniority rules.

What does the Employee Request the Employer do?

Barnett transferred to a less physically demanding position in the mailroom after suffering an injury leading to disability as a cargo handler for U.S. Airways. His new position in the mailroom later became open for application to other employees based on bidding under the U.S. Airways seniority system. Barnett in an attempt to maintain his position requested the company to exempt the mailroom spot from seniority bidding as a reasonable accommodation under ADA legislation. This reasonable accommodation would allow Barnett to keep his job despite the U.S. Airways seniority system which would award the job based on qualifications linked in some capacity to seniority status.

Why does the Employer deny the Accommodation Request?

U.S. Airways upon receiving the request from Barnett declined to offer the accommodation. The ostensible… [END OF PREVIEW]

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