Americans with
disabilities act is a very serious organization working for the disable people
with the motto that there should be no discrimination in work places for
disabled people until and unless needs be. There are various diseases and
disabilities that come under the disabilities act. However, it is astonishing
that Multiple sclerosis is not considered a disability according to the
Americans with disabilities act. But, disabilities act provides cover for
Multiple sclerosis. Multiple sclerosis is a disease that affects the central
nervous system of the human body. Central nervous system consists of brain,
spinal cord and cranial nerves.
Moreover, multiple
sclerosis is disease with remitting and relapsing pattern which means there are
completely disease free periods between the periods of disease relapse. In
addition, it is not a mental or psychological condition. Also, it is not an
anti social disease. Only anti social diseases are the ones which do not come
under the Americans with disabilities act. (S, 2015)
In Julia’s case, she was suffering from multiple
sclerosis but she did not want to disclose her disease to his employees and
boss. Therefore, she did not tell them which is completely normal according to
disabilities act. Becaause disclosing you diagnosis during job process,
interview or selection is not necessary if that diagnosis doesn’t affect
personality or work of person.
2) Reasonable
accommodation means all the changes or modifications that employer, company or
organization makes for easing the work life of their employee in case he
suffering from some disability. These changes are made so that no work
discrimination is done between employees and they can enjoy same opportunities
in their work place and to make sure that he gets equal privileges of all
kinds. Employer also provides reasonable modifications during the application
process for the qualified applicants.
An employer is bound to make adjustments and
modifications in the work place for his disable employee until and unless these
modifications are out of the range and resources of the employer, costs him
more than should be, are a burden on the employer, create negative air between
other employees, are some safety havoc or are of unreasonable kind. All these
situations come under the undue hardship on employer.
Undue hardships
on the employer means the adjustments which cost employer too much and this
cost may be in the form of money, productivity, timing, environment, safety or
any other form. The expenses of the undue hardships are compared to the nature,
structure and size of the disability of the employee and then pros and cons of accommodations
are considered thoroughly.
In the case of Julia, she did not even disclose her
diagnosis and disability to her organization. She kept it a secret at the
interview and at the time employer asked her afterwards. She made very light
accommodations at her workplace, like leave timings, breaks and temperature
settings of the air conditioner of her room. She did not demand anything from
the company as she made all the changes in her lifestyle according to the needs
of her disease process. (Edwords, 2018)
So, all this will not come under the undue hardship on
employer because employer was not effected at all from the adjustments Julia
made to make her work life easy.
Ethics
Part Julia’s dilemma
3) It is not necessary for employee to disclose his
disease to his employer as long as it does not affect his work. People applying
for jobs are also protected by law that it is not necessary to disclose your
disease at the time of job process. However, it is up to the employee whether
he wants to disclose it or not, there is no fixed time for disclosure, he can
disclose it at the time of interview, after the probationary period passes,
sometimes after that or whenever he feels the need to disclose it.
In case of Julia, she wants to disclose it because she
thinks it’s the time she should tell her management about her disease due to
two reasons. Firstly, she needs coverage on medical grounds, from her company
which is her right. Secondly, she wants self improvement by being able to
accept her disease and she is ready to be called a working lady suffering from
Multiple sclerosis.
Only mistake she made was that she was not honest when
the management asked her personally about her fitness. She should have told
them right then and there that she is suffering from multiple sclerosis and
they can make adjustments according to her .Moreover, she did not tell them the
actual reasons of her leave and other minor modifications she made in her work
routine life. This is some dishonesty she committed. However, it is up to
company now how they want to react.
Employer can give her reasonable adjustments if they
ignore the fact that’s he lied to them and provide him with modifications and
coverage for her medicine and disease. Or they can even terminate an employee
if they feel undue burden on themselves.
The final stakeholders of her ultimate decisions will
be Julia herself and her employer.
4) Julia could have analyzed her situation differently
keeping in mind different frameworks. She should have told the employer at the
time of job and asked for help and adjustments. In this case, she might have
benefited more and she did not have to lie or hide something from her
employers.
In addition, she could have told her employer about
her multiple sclerosis at the time they gave him the Performa to fill. But she
did not want to tell them because at that time she was in remission phase of
her disease .If she had told them at that time ; her diagnosis may still be
kept a secret as employer do not breech the privacy of employee without
employees permission.
Moreover, Julia could have thought of disclosure of
her diagnosis before coming in contact with that lady suffering from brain
injury.
All these frameworks lead to different end points .But
one thing which is common in all these is that disclosure was always a better
option for Julia because it could have saved Julia’s energy and she could have
benefited from adjustments of employers without getting discrimination's.