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The question has been posed What characteristics of employees other than those explicitly covered by the Americans with Disabilities Act can employers consider when hiring firing or promoting employees This is a question that has become critical to answer as ADA claims exceeded 91000 in number between 1992 and 1997 Of these claims the agency discovered reasonable cause to believe that discrimination occurred in only 31 of the cases Many of these claims were built on seemingly weak foundations Actual cases of discrimination have been brought and denied on claims of disability due to myopia body odor infertility and anxiety brought on by admonishment from a supervisor Considering the costs of defending oneself against a claim how likely are firms to capitulate to the specter of impropriety Put another way even if a firm believes that a candidate for hiring or promotion is not qualified for advancement is the possibility of the candidate raising issue under the ADA enough to scare the company into selecting them This question becomes even more convoluted when the malady in question is a legitimately recognized disability but is itself an offshoot of some other syndromePre-menstrual syndrome PMS affects nearly all women at some point during their reproductive years Fifty percent of women suffer from PMS regularly throughout their lives and as many as 10 of women seek medical help to alleviate the symptoms of PMS While the question of whether or not PMS is disabling is a contestable topic the symptoms of PMS are widely accepted as having a debilitating effect on ones life functions These symptoms range from headaches and insomnia to irritability and fatigue and their negative affect on ones ability to work at peak performance seems to be a reasonable inferenceYou will have to search under many rocks to find a company that will discriminate against a candidate on the basis of her suffering from PMS But it seems reasonable for a company to consider factors
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