就业性别歧视外文文献翻译--平等就业的法律框架(编辑修改稿)内容摘要:
the EEOC guidelines, some confusion still remains as to who is disabled. Court decisions have found individuals who have high blood pressure, epilepsy, allergies, obesity, and color blindness to be disabled. For example, another highprofile . Supreme Court case involving professional golfer Casey Martin resulted in his legs, must be allowed to ride a golf cart while peting in PGA tournaments. Some guidance on disability status was provided by a . Supreme Court case involving United Airlines. Two pilots sued claiming they were disabled because they wore glasses to correct their nearsightedness, but their uncorrected vision was too low to meet United’s requirements for pilots. The Supreme Court ruled in favor of United Airlines when it stated that the means used to mitigate an individual’s physical or mental impairments, such as corrective eyeglasses or controlling medications, must be considered when determining if someone is disabled as defined by the ADA. Mental Disabilities A growing area of concern under the ADA is individuals with mental disabilities. A mental illness is often more difficult to diagnose than a physical disability. Employers must be careful when considering ― emotional‖ or ―mental health‖ factor when making employmentrelated decisions. However, employers must not stereotype individuals with mental disabilities, but base their evaluation on sound medical information. LifeThreatening Illnesses In recent years, the types of disabilities covered by various local, state, and federal acts prohibiting discrimination have been expanded. The most feared contagious disease is acquired immunodeficiency syndrome (AIDS). A . Supreme Court decision ruled that individuals infected with human immunodeficiency virus (HIV), not just those with AIDS, have a disability covered by the ADA. ADA and Job Requirements The ADA contains a number of specific requirements that deal with employment of individuals with disabilities. The major ones are discussed next. Discrimination is prohibited against individuals with disabilities who can perform essential job functions—the fundamental job duties of the employment position that an individual wit h a disability holds or desires. These functions do not include marginal functions of the position. For persons with disabilities, employers must make a reasonable acmodation, which is a modification or adjustment to a job or work environment opportunity. EEOC guidelines encourage an appropriate reasonable acmodations are, rather than the employer solely 5 making that judgment. Reasonable acmodation is restricted to actions that do not place an ― undue hardship‖ on an employer. An undue hardship is significant differently or expense imposed on an employer in making an acmodation for individuals with disabilities. The ADA offers only general guidelines in determining when an acmodation bees unreasonable and places undue hardship on an employer. However, most acmodation expenditures by employers have been relatively inexpensive. More information on reasonable acmodations is given in Chart5. ADA Restrictions and Medical Information The ADA contains restrictions on obtaining and relating medically related information on applicants and employees. One restriction is that the ADA prohibits employers from rejecting an individual because of a disability and from asking job applicants any questions relative to current history until a conditional job offer is made。就业性别歧视外文文献翻译--平等就业的法律框架(编辑修改稿)
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