MANAGING RESOURCES
The Americans with Disabilities Act that took effect in July 1990 prohibits discrimination based on an individual’s disability. A disability is defined as a physical or mental impairment that substantially limits one or more of the major life activities, or has a record of such impair- ment (e.g., attended a school for the deaf), or is regarded as having such an impairment (e.g., uses a cane to walk). A qualified individual is one who, with or without reasonable accommoda- tion, can perform the essential functions of the position under consideration.
The Act was amended in 2009 (U.S. Department of Justice, 2009). The definition of a dis- ability was broadened in several ways beneficial to employees: The amended Act includes dis- abilities not previously covered (e.g., epilepsy, diabetes, bipolar disorder). The amendments expand the definition of major life activities to include major bodily functions (e.g., immune system, brain functions) and eliminate the ameliorative effects of mitigating measures from con- sideration (e.g., medication, prosthetics).
Employers with 15 or more employees are required to make accommodations to the known disability of a qualified applicant if it will not impose “undue hardship” on the operation of the business. Reasonable accommodations may include making existing facilities used by employ- ees readily accessible to and usable by individuals with disabilities; job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquiring or modifying equip- ment or devices; adjusting or modifying examinations, training materials, or policies; and pro- viding qualified readers and interpreters.
SELECTING STAFF Jack Turner is nurse manager of the emergency depart- ment in a large metropolitan area hospital. He has four full-time RN positions open in his department. There are three nursing programs located in the city: a state uni- versity program, a community college program, and an RN-to-BSN completion program.
Jack recently participated in a nursing job fair hosted by his hospital. The event was well attended by nursing students, and he received several promising résumés of soon-to-be graduate nurses. Jack notes that one of the applicants, Sabrina Ashworth, will graduate next month with a BSN. She has been working for the past year as a nursing assistant in the ER of another local hospital. In addition to her ER work, Sabrina has a high grade point average and indicates a strong interest in trauma and critical care. Jack contacts the human resource depart- ment to set up an interview with Sabrina.
Sabrina agrees to an interview for an RN position in the ER department. Jack schedules a conference room adjacent to the ER for the interview. Prior to Sabrina’s arrival, he reviews her résumé and application, noting her educational background, previous work history, and recent volunteer trip to Mexico to assist with a vaccina- tion program. Jack has assembled a packet for Sabrina, including a job description and materials from human resources that outline the application process.