Paper Topic:

Legal Issue Analysis executive summary

The article of Guarnero seeks to showcase the application of Disability Discrimination in the workplace . It showcases the problems of the victim James Colby and the attempt by Atty . Guarnero to create a fair and non-biased work environment . In the article , Guarnero elaborated on the plight of James and mentioned the relative prejudicial behavior that the man experienced during the course of his stay in the company Depression set in , his nascent Post Traumatic Stress Dis manifested , and his emotional world became unwound (Guarnero , 2000 Due to this , Atty . Guarnero was forced

to a complaint of Disability Discrimination on the basis of Title VII of the Civil Rights Code of 1964 . The case of James Colby presents a legal concern due to the fact that he is discriminated and alienated in his work creates a direct violation on the rights of workers in the workplace . In addition , his case was considered to fall under the Disabilities Act due to the fact that he continued to suffer mental and emotional stress after the constant pressures from his superiors

Analyzing the legal concerns , in for an individual to actively apply and succeed in the Legal Issue is by establishing that the work environment is hostile in nature . These include the criteria (1 plaintiff is qualified individual with a disability (2 ) plaintiff was subjected to unwelcome harassment (3 ) the harassment was based on plaintiff disability (4 ) The harassment was sufficiently severe or pervasive to alter a term , condition , or privilege of employment and (5 some factual basis exists to impute liability for the harassment to the employer (the employer knew or should have known of the harassment and failed to take prompt , remedial action (Stein , 2005 ,

.3 ) These criteria must be presented before the court and satisfy the conditions for the claim to hold ground and proper litigation and claims may be practiced

Looking at these statutes and related laws , it can be argued that it seeks to protect the overall diversification of the workforce . These laws necessitate an opportunity for minorities within a particular workforce to effectively clamor for equal treatment in work . It guarantees their protection towards unfair and unprofessional bickering inside work especially for disabled workers . By the creation of the American Disabilities Act , proper protection for the disabled workers in a diverse environment is looked into . This also serves as an important creator of awareness for companies . In the worst case scenarios employers may harass and intimidate employees with disabilities in effort to avoid providing the adaptations and accommodations required by civil rights laws (Logsdon , 2006 . By the creation of such law employers have now a watchdog over the way they treat their disabled employees and at the same time fosters a non-biased and non-prejudicial working environment . Seeing this , better outcomes are present for disabled persons to work harmoniously among their colleagues . What 's important to remember is that no one but the individual , in consultation with his or her healthcare professional , has the right to...

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