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ADAA Accommodations

BUSINESS LAW
Katie Marcucci 10/8/2012

Katie Marcucci ADAA Accommodations 1 ADAA Accommodations Karina is a dedicated employee that works for a company that requires female employees to wear high heels and stockings. Due to recently health problems Karinas doctor has informed her that she needs to wear flat shoes for stability and no stockings in order to increase the circulation in her body during her working hours. The uniform requirement is causing Karina to miss work due to fear and concern for her health that is compromised by her following the employee dress code. Karina would be considered disabled under the ADAA due to the fact that she has a physical impairment which substantially limits one or more of her major life activities which may include walking, seeing, caring for oneself. (Alexander, &Hartman, 2009) The reason employers often choose dress codes to help employees to be easily identifiable to customers and clients or to promote a certain image for the business. A dress code also may also be a form of controlling employees from wearing certain items either as a form of protection or to promote a certain image (i.e., restrictions on wearing jewelry or hats, or requirements that workers wear business attire). It would not be difficult for the company to accommodate her by allowing Karina to wear nice causal shoes and slacks or longer skirts to work. Thus, Karina would still be able to perform her job duties in the professional manner while honoring her employers uniform requirements. She would not be changing the basis of the uniform just the style with which she is wearing it to work. A second option would be to offer Karina a job she qualifies for off the floor that doesn't require her to wear the prescribed uniform. Human Resources and Karina would engage in an informal process to clarify the needs and identify the appropriate reasonable accommodation that could show flexibility for the disability that Karina has to work with.

Katie Marcucci ADAA Accommodations 2 The goal of the ADAAA, is to overturn a sequence of Supreme Court decisions that interpreted the Americans with Disabilities Act of 1990. At the time the decisions made it problematic to prove that impairments are a disability. Changes to the ADA's definition of "disability" changes the scope of coverage under both the ADA and Section 503 of the Rehabilitation Act. The concept of reasonable accommodation is to remove workplace barriers for persons with disabilities. A great deal of individuals with disabilities can perform their work without any reasonable accommodations, however, workplace barriers may keep others from performing jobs which they could do with some form of accommodation. These hurdles may be procedures or rules (i.e., rules concerning when work is performed, when breaks are taken, or how job tasks are performed) and physical obstacles (i.e. as inaccessible facilities or equipment), or they may be physical like equipment needs or inaccessible facilities. As director of HR, Human Resources and Karina would engage in an informal process to clarify the needs and identify the appropriate reasonable accommodation that could show flexibility for the disability that Karina has to work with. Karina rights pursuant to the ADAAA is that she could be transferred or assigned to a lateral responsibility and payment position that she would be able to fill for the company. In order to improve her health and help her to recover or adjust her work load in order to achieve the desired effect for her work, Karina can work with HR to understand the FMLA and how it works with ADA in that both require covered employer to grant leave based on medical leave and try to minimize her need to take leave without pay. During the leave period it would help HR to work with Karina to find out if reassignment would help the situation and still allow Karina equal pay and status. There could be an amendment to the uniform policy for Karina and any other employee that may find them in a similar situation to allow her to wear nice causal shoe and black to work to accommodate Karina.

Katie Marcucci ADAA Accommodations 3 CITATIONS 1. Bennett-Alexander, Dawn D. (2009). Employment Law For Business [6] (VitalSource Bookshelf), Retrieved from http://online.vitalsource.com/books/0077588967/id/pg625 2. EEOC. (2002, October 22). The equal employment opportunity commission . Retrieved from http://www.eeoc.gov/policy/docs/accommodation.html