Are anxiety and depression considered disabilities?
There are various categories of diseases ranging from viral, bacterial, fungal, psychological, metabolic, and anatomic, among others. Depression falls into the category of mental illness. It is mood disorder that affects a huge number of people worldwide. It is affiliated with persistent sadness and general loss of interest. A person suffering from depression acts withdrawn and unbothered by many things. They tend to avoid people and those who are brave enough resort to using other methods to ease themselves; some of which re extreme and dangerous. As much as it is classified as a mood disorder, depression affects every aspect of a persons life. It alters their eating, sleeping and thinking patterns. Above all, depression changes the way somebody feels about himself/herself. Self-value is imperative. Without feeling good about yourself, you are not in a position to produce your best results. Your self-confidence is reduced, and this translates directly to your performance.
Anxiety, on the other hand, is a mood disorder punctuated with tension and uneasiness. Depression and anxiety are classified under Affective Disorders and to pass for a disability, they should have severe impacts to the patient. Therefore, for the employee to be considered in the Americans with Disabilities Act (ADA) policy, she should at least exhibit four of the following symptoms: reduced energy, poor appetite, insomnia, oversleeping, concentration difficulties, overthinking, harboring suicidal thoughts, hallucination, among others.
Discuss the concept of reasonable accommodation and undue hardship. How does it apply to Elora Jean & Co.? How should this employee be addressed?
In the employment context, reasonable accommodation is the exact opposite of undue hardship. Anything that does not fall under undue hardship is therefore categorized as a reasonable accommodation. The ADA requires that employers should provide reasonable accommodations to persons with disabilities. Unless the company can prove beyond any reasonable doubt that providing such reasonable accommodation would result in undue hardship to the business, persons with disabilities should be considered. Undue hardship is a defined as the significant expense that an entity would incur in the provision of reasonable accommodation.
The case applies to Elora Jean & Co. if the alleged sexually harassed employee wants special treatment. Her anxiety and depression resulting from the alleged sexual harassment affect her performance at work, and the company should have a provision for this. Examples of ways in which the company can exercise reasonable accommodation are through reducing her working hours, assigning her less arduous tasks, allow her off days to see a counselor for her depression.
Discuss the ramifications that the Americans with Disabilities Amendment Act of 2008 has for employers
The amendment act broadened the definition of disability therefore, it included more people, and the organizations have to incorporate reasonable accommodation in the employment contract. The Congress felt that the prior definition left out a lot of people which was not fair at all. The Act asserted that job discrimination on disability basis is illegal and should not be practiced by any employer. For the employers, employment practices that are directly affected by the ADAA include hiring, firing, assigning of tasks, salary, leave, benefits and promotion among others. All this should be done in accordance to merit, and persons with disabilities should not be left out.
Indicate the elements that a policy addressing the Americans with Disabilities Act should convey.
Equality and empathy are the primary factors that a plan addressing ADAA should communicate. First, the policy should make it clear that all persons are equal before the law and disabilities are not a basis for discrimination. Secondly, the system should convey empathy for persons living with disabilities. They should not feel left out or alone. The policy should express that their hardships are understood and that everything within the legal jurisdiction will be done to ease them at workplaces.
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