EMPLOYMENT AND POLICY LAW

Essay: 1 American with Disabilities Act (ADA)

            Job design is a core function of the human management that is related to specific methods, contents and the relationship of the job which will lead to satisfaction of the organization and the technology together with social and personal requirements to the employee. It is based on the principles on how an individual nature will affect the work with their attitude and behavior. This aims at designing the jobs in a manner that will result in job satisfaction, which will improve the quality and also reduce employee’s grievances, absenteeism and general employee’s problems (Flynn, 2015). Criminal justice agency takes in consideration of the American population in relation to persons with disabilities who are employed. It aims at providing reasonable accommodation of the persons with disability. This results in a particular manner in which job should be designed in order to accommodate this person and enhance their productivity together with job satisfaction (Flynn, 2015).

            American with disabilities recommends the enactment of various bills that will in order to protect this person from discrimination and advocating for an equal chance of employment. There is also a push for the public accommodation to see and implement the accessibility of the facilities by such persons. There is the protection of the disabled persons from abuse, harassment, and segregation. This means that the process of hiring, advancing and discharge of employees with disabilities will be free and fair. This accommodation must be well prepared and treating them fairly will facilitate exceptionally performance of the employees with disabilities (Rhoads, 2010).

            Criminal justice agency needs to take into account the provision of the persons with disabilities. This is because there is the need the agency to clearly understand the challenges that these persons go through and the accountability of the employer towards accommodating this person (Rhoads, 2010). The agency services through improved designs and the application of modern techniques will be in a better position to understand and gather any information that criminally related in the organization towards persons with disabilities. It will cross-examine the issue of intelligence base in a more analytical manner. Taking into account of such provisions there will be better policies that will lead to more useful information that which will be used to address any outcome involved to such persons. The criminal department will oversee the process of recruiting as being fair and is free from any criminal activities (Flynn, 2015).

            Once the organizational structure is being a layout, the criminal agency department will be able to access the considerations being put in place regarding the persons with disabilities. The agency will be able to analyze the information of the organization in a systematic manner which will create a more efficient and effective way to respond to the crimes. Criminal justice in relation to the job design will take into consideration the professional way of how recruitment is done and training is done. The process of developing them in order to be efficient will also be taken into account (Flynn, 2015).

            The agency will also take into account how these persons will deal with their daily life in order to achieve the much expected from them. In order for them to be at work on time, several things must be outlined. The mode of transport they use and its plans in relation to persons with disabilities.  Public entities in relation to public transport that they use will be subject to the scrutiny of the criminal agency (Flynn, 2015). This is because the organizations that deal with offering the transport has to take in consideration of such persons to facilitate a smooth time with them once they are in need of their services. This also includes the railway transport corporation. The agency has to ensure that these services are not denied to such persons and they can easily access them physically. Commercial facilities has to put in consideration that their services are readily available in the employment arena. The criminal agency should ensure that this facilities comply with the various rules and regulation and is in compliant with the American with Disabilities Act (Rhoads, 2010).

            This job designs should also put in consideration the telecommunication methods that the persons with disabilities will use will working. This is to facilitate efficiency at work which includes all kind of disability such as visual, speech impairment and those who are notably deaf (Flynn, 2015). Any violation of this should be handled by the criminal agency. By putting into account of this job designs provisions then the criminal agency will bring sanity to the in the area and increase the hope to such persons as well as creating awareness of the consequences that one will face in relation to the violation of their rights (Flynn, 2015).

 

Essay: 2 Tennessee vs. Lane

            This case involved the congress enforcement powers of plaintiffs who were disabled Tennesseans. This was under section 5 of the fourteenth Amendment (Rhoads, 2010). The case was about the inaccessibility of the upper floors in the state courthouses. They argued that they were being denied public services due to their disabilities. They said that their rights were being violated. They sued the state for damages. The Tennessee argued the amendment prohibited such a suit and initiated a motion to dismiss it. The case relied on the provision of ADA that paved way for the people to sue the state for discrimination due to their disability. The congress abrogated the remedy of congruent and proportional. It was massed that there was no enough evidence of the discrimination they faced on the basis of the sovereign immunity (Conser, Paynich, Gingerich, 2013).

            In Lane, the majority in the Supreme Court ruled that the congress had enough evidence that the persons with disabilities were being denied the rights that are fundamental to them and they are protected by the clause in the 14th amendment.  The congress enacted a remedy of congruent and proportional since it was reasonable accommodation (In Fleming & In Levy, 2014). It was not disproportionate and unduly burdensome to the harm. The law was constitutional and the congress had an upper hand in it.  In this case, it is notable that the Lane proposal was utilized by the court and applied to the facts of the claim. The function had a great shift in the congruent and proportional which was used to prevent the violation of the civil rights amendment (Conser, Paynich, Gingerich, 2013).

            The congress remedy was powerful but did not excessed the powers in section 5. This is because the court administrators had to oversee that. The statutes were made with the intention to prevent persons with disabilities from being denied public access. The case was about the courthouse being a public entity denied them the access (In Fleming & In Levy, 2014). For reasonable accommodation, the courthouse had an obligation to provide an elevator, in this case, to ensure that the disabled plaintiffs to access the second floor of the building where the courthouses were located. In the remedy of the ADA, the remedy requested was not burdensome and therefore, such a service should have been readily available to any person who would need it (Rhoads, 2010).

            The congress power is not limited and the congress used a wider and a devising measures that are preventive for the unconstitutional actions. It is not easy to discern but the congress enacted a direct response for the purpose of restoring the rejected law in order to have a defendant statute that has the reasonable meaning of enforcing such objectives that can be understood. This was aimed to provide public accommodation and services with discrimination. This sets an engaging pattern in providing reasonable accommodations rationally (In Fleming & In Levy, 2014).

            The congressional passage did not exceed the authority in section five of the fourteenth amendment since it applied to all public institution inclusive to that of the government to provide suitable accommodation to enhance a smooth life to the persons with disability (In Fleming & In Levy, 2014). Apparently the congressional passage possesses a great chance for the federal statutes survival attacks because of the claims of the eleventh amendment. Lastly, the function of the statutes appears to be arguably applicable to the claims of the persons with disability in America in critical areas such as education, communication, transportation, institutionalization, recreation, health services that are meant for public services.

 

 

 

 

 

 

 

 

 

 

 

Reference

Conser, J. A., Paynich, R., & Gingerich, T. (2013). Law enforcement in the United States.            Burlington, Mass: Jones & Bartlett Learning.

Flynn, E. (2015). Disabled justice?: Access to justice and the UN Convention on the Rights of      Persons with Disabilities. Farnham [u.a.: Ashgate.

In Fleming, J. E., & In Levy, J. T. (2014). Federalism and subsidiarity. New York : NYU Press

Rhoads, M. A. (2010). The ADA companion guide: Understanding the Americans With Disabilities Act Accessibility Guidelines (ADAAG) and the Architectural Barriers Act (ABA).         Hoboken, N.J: John Wiley.