Legal Issues

Anybody who has an impairment that substantially limits one or more major life activities, a record of such impairment, or is regarded as having such impairment is to be considered a person with a disability.  This is according to the Americans with Disability Act of 1991.  This makes a person who suffers from epilepsy one with disability.  The one truth about dealing with persons with disability is that, what they seek is not special treatment parse, rather they ask that we are in touch with our humanity when dealing with them.

Discussion
From a legal point view, a person who has a disability is considered to have been discriminated when they feel that they are not being reasonably accommodated in the work environment.  In actual sense, what constitutes reasonable is that which allows a qualified person with disability to participate in and perform the fundamental components of the job they are expected to perform, or to partake of the joys of employment, including the profits and rights as would be enjoyed by any other who does not suffer from disability.  The only time the company would be allowed not to provide reasonable accommodation is when it would impose undue hardship on the business operations.

The requirements by the Equal Employment and Opportunities Commission (EEOC) on what reasonable accommodation in the case of an epileptic is will include medication breaks, time off to seek treatment, resting areas after a seizure that is private, carpet to cushion falls and adjustment to the work schedule (EEOC, 2004).  It is clear that we have complied with most of the requirements.  I recommend we use the board room and, when not available, the interview office as a resting recovery room.

As a company we have done a lot for the disabled persons in our organization.  The disabled in the society have been fighting for their rights for as long as the civil rights movement has existed.  To them, these are civil rights and a requirement to their survival.  Though the American Disability Act (ADA) became a law in 1990, it had taken the better part of thirty years to lobby for a law protecting disabled person as a vulnerable minority.  Under the ADA, all legislation affecting disabled people was brought together. 

Title 1 covers employment provision, Title II covers State and local government and Title III covers Public Accommodations (ADA, 2009).  In 2001, the New Freedom Initiative was announced by President Bush (American.gov 2006).  It was meant to deal with the short falls of the ADA.  Specifically, it tackled the area of home ownership, widened transportation, assimilation into the work force, access to helpful technology, education opportunities and a right to an improved health care and community life.

With the passing of the ADA, it became a federal crime to discriminate against an employee just because they had a disability.  Disabled individuals now had a voice to make sure they could get a chance at making it in life.  They could start enjoying the American dream.  ADA makes sure disabled persons are not pitied.  Instead, they are given an opportunity within reasonable accommodations to make it in life. 

For the employer, all that is expected is reasonable accommodation, not affirmative action.  It is not expected that when two people are qualified for a job you necessarily give it to a disabled person just because heshe is.  Rather within reason, when you give a disabled person a job, make sure you offer them an equal chance of success as you would any other person.  This is considering and being sensitive to their disability. 

It would be unreasonable to expect an employee on a wheelchair to use the staircase to access their work station. But a ramp or a lift to access higher floors would be reasonable.  For the employee, it would be unreasonable to expect the employer to provide transportation when it is not policy to do so neither to offer guide animal facilities, but it would be reasonable to expect the employer to accommodate the animal in the work place.

Should the employee choose to lodge a claim of discrimination against the company, and in case it is proved, it will not auger well for us.  This could generate the negative publicity we could also be slapped with compensatory and punitive damages.  These could range from 50,000 to  300,000.  The aim is to put the victim in the same position or nearly the same as they would have, had the discrimination not occurred.

Conclusion
It is within the company to tackle this issue in house.  The company should take this case as a learning opportunity.  In future, with the increased awareness of the rights of disabled persons, we will have their numbers increasing in the companys work force.  We must, as a matter of priority, be ready to offer reasonable accommodation towards the success of their work.

It will cost the company very little financially to accommodate the complainant in fact, the company stands to gain from the complainant satisfaction out of the solution we offer.  As outlined above, it will cost the company a fairly substantial amount of money should this case be proven. This is not the kind of risk we need take this time.