Will the Americans with disabilities act amendments act be abused in the US Workplace?

Name
Professor
Course
Date
Will the Americans with Disabilities Act Amendments Act be abused in the US Workplace?
The revision of the ADA (ADAAA), and in reference to various cases described by Mastroianni, Goldberg, and Trapp (2-5), it is clear that employers should not use disability as a reason to disregard the qualifications of an individual for a particular position. Whereas this is the case, the employer can violate this law on various grounds. First, an employer can justify that his or her organization does not have the capacity to provide accommodation for the impairment. Therefore, employers have the right to deny accommodation if it causes them undue hardship. If the employer can show this undue hardship, then he or she is not obliged to employ an individual with a disability.

There has been this notion that limited eyesight or hearing loss is a disability, but if the employer can prove that this impairment does not limit an individual from fulfilling the major life activities, there is no need to provide accommodation and especially in the event that a mitigation measure is already in place. For example, in the event that hearing aids or prosthetic limbs prevail. In order for one to be considered as having a disability based on the ADAAA, one should have an “impairment that is substantially limiting” (The U.S. Equal Employment Opportunity Commission par. 3). Additionally, if the employer proves that a mitigation measure is in place, then disability is out of the question.

Fourthly, if an employer provides “accommodation but the individual is still unable to perform his or her duties,” an employer can justify his or her provision to terminate an individual’s employment (Employment Rights under the Americans with Disabilities Act par. 8). For example, if a person with diabetes and is injecting him/herself with insulin and he or she is not able to execute his responsibilities not affected by his condition, then an employer can terminate employment.
Another reason that enables employers to violate the ADAAA is if they are able to prove that the disability in question is a health hazard. In the case of sleep disorders, falling asleep while on the job could cause harm. For example, a driver can sleep while driving leading to fatal car accidents (The U.S. Equal Employment Opportunity Commission, par. 12).
On a different note, the employers are not likely to violate the ADAA if they review the amendment act thoroughly to understand the clauses, and their capacity to deal with individuals with disabilities. Secondly, the ADA amendment act provides a legal test that can be used to decide if an individual has a disability in alignment with ADA’s definition of disability. This way, the employer becomes fully aware of an individual’s position and acts accordingly based on the test results. Thirdly, the ADAAA will not be violated because an employer is not likely to exclude individuals with disabilities from receiving benefits and participating in activities planned by the employer, including participating in training. Also, if the employer is able to provide reasonable accommodation, for example, provision of some hours off from work in the event that an individual has an appointment with a healthcare professional, the ADAAA becomes a valid entity. Most importantly, it is only after an individual has been recruited that an employer is meant to make inquiries about an “individual’s ability to perform as expected in view of his or her disability” (Employment Rights under the Americans with Disabilities Act par. 19-20).
In conclusion, the ADAAA purpose seems not to have been achieved because, still, there are several instances that allow an employer to defend his or her actions against individuals with disabilities.

Works Cited
Employment Rights under the Americans with Disabilities Act (and other related laws). 2010, http://www.disabilityrightsca.org/pubs/506801.htm. Accessed 9 Nov. 2016.
Mastroianni, Peggy, Jeanne Goldberg, and DeMaris Trapp. Recent Americans with Disabilities Act Decisions. The U.S. Equal Employment Opportunity Commission, 2012.
The U.S. Equal Employment Opportunity Commission. How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers. 2014, https://www.eeoc.gov/facts/restaurant_guide.html. Accessed 9 November 2016.