Social Ills of a Society

Societal values of every society is sustained by the organs of the society. interestinly,the most important organ is the goverment. so goverment is the most important organ reponsible in maintaining societal values. We are all living in a democratic world today and like democracy is clearly define as â€Å"the goverment of the people by the people and for the people†,this means the goverment is the peolple that make up the society. Now,a society that has failed in all sense of the word,is not without the fault of the ones that inhabitates the environs. hen crime and iimmoral decadence become the order of the day,and is seen as the norm in a society,then we have an issue in our hand. I mean a society where boys of 18 years are drug barons and heads of gangs responsible for murder,robbery,and distribution of illicit drugs in the society. but inspite of all these,they are celebrated and worshipped by the society which they have destroyed. Education is one area that has recieved s et back greatly in this whole drama,as many young ones growing up don't see models in the light of education around them,yo follow. ut they see a lot of gangsters that are making money even from a very young age. so this becomes the benchmark for measuring success in this society.Those that even went to school,immediatly they got a job that could give them some money,they left the society and went some place else to build a life of thier own,as they really could'nt fit in to that world back home. This is the case with many african societies,and this has brought about alot of death,rape,unwanted pregnancies,child abuse and drug abuse. etc. but the society still feell trapped in this quagmire irrespective of the huge prices that is been paid for all of this. his is where agencies both govermental and non-govermental,should become more strategic in saving lives and the society. they should come up with orientation programes on the effect of drugs,alcohol, and crime. the goverment shoul d embark on compulsory secondary school education for all youth within the age of education. they should arrest and remand all crime defaulters so as to serve as deterrent for the others. they should build more schools in such societies and increase the activities of the law enforcement and drug enforcement agents in these kind of environs. All of these will help curb the menace of crime and drug in the socities.

Modern audience Essay

In Romeo and Juliet, the play is set in the 1590’s, which is a very different way of life than today. So to make the play appeal to an audience of today it needs to be altered a little. I would set it in England. In the bustling city of Newcastle outside of St James’s Park (Newcastle United’s Football Ground). The trouble will occur between two groups of rival football supporters, which are Newcastle (Montague) and Liverpool (Capulet). Two supporters of Liverpool will play the roles of Sampson and Gregory. They will be sitting down outside the stadium waiting for the match to start with a bottle of vodka in a brown paper bag. One will be wearing a black Liverpool coat and blue jeans and the other will wear a Liverpool t-shirt and black jeans. They joke together and boast that they are superior to the Newcastle supporters â€Å"Me they shall feel while I am able to stand, and ’tis known I am a pretty piece of flesh.† Then they are faced with two Newcastle supporters (the serving men). They will both be wearing Newcastle shirts and jeans. Sampson and Gregory hesitate whether to cause a bit of trouble or to leave them alone. They decide to annoy the Newcastle supporters, this is to provoke them so they throw the first punch. The Liverpool supporters do this by making gestures indirectly at them. In Elizabethan times biting your own thumb at people was a rude gesture, and this is what Sampson and Gregory do in the play. But this gesture is not so common at all today, so to modernise it, the gesture will be spitting in front of the Newcastle supporters as they walk past. Then the Newcastle supporters ask the two if they spat at them â€Å"Do you bite your thumb at us, sir?† and the Liverpool supporter says no he didn’t do it towards him on purpose. Then enters Benvolio who will be wearing a Newcastle shirt as well, he is a friend of the manager of Newcastle who looks after the stadium. Instead of fighting with swords they will use their fists. Tybalt enters and will be on Liverpool’s side and he quarrels with Benvolio† Turn thee, Benvolio, look upon thy death,† Then they fight. Several supporters join in from round the corner. Then come the police to stop what is now fast becoming a riot. The Liverpool footballers arrive on their bus oblivious to the riot, the manager of the football team (Capulet) is pulled off the bus and is forced to fight his way out. Then arrives the other manager (Montague) on a bus also. The highest rank of the stadium security (Prince Escales) leads the rest of the guards to stop this riot. After the fight has calmed down everyone has been arrested or taken to hospital except Benvolio, Montague and then enters his wife who was supposed to enter at the same time as Montague but in modern days a women would not involve herself in a fight. Montague then worries about his son Romeo he thinks he might have been involved in the brawl â€Å"O where is Romeo? Saw you him today?† Then enters Romeo and it seems he was not in the riot as he is wearing his Newcastle t-shirt and his jeans which are clean and aren’t ripped or torn. Then Benvolio and Romeo talk together about Romeo’s troubles. Which leads into the next scene.

Motivation, Stress, and Communication Research Paper - 1

Motivation, Stress, and Communication - Research Paper Example Job responsibilities To manage the creation and execution of the marketing strategies and at the same time implement the tactical plans that meet the expectation of the company. Designing strategies for implementation of business development. Hiring and recruiting the sales force and the training and induction programs are to be managed by the VP. Evaluation and development in the business strategies. Managing the multimillion-dollar budget. Responsible for overall sales, pricing policies and business development of the products and services in the company. Work closely with the product development team, merchandise sales and other senior executives in order to create demand and brand recognition for the Company (Thuraya, 2012). Skills and Specification Excellent team player and leadership skills so as to motivate the employees and bring the best possible talent out of them. Strong verbal as well as written communication kills along with interpersonal skills. Must possess an analytic al bent of mind and be good at building strong connections. Education and Qualification MBA with Marketing or Sales as specialization 10 years of marketing experience Motivate Performance via Goal Setting Theory Goal setting often plays an important role in the motivational programs and it would help the manager to get motivated to achieve a specific goal. Specific goals tend to lead to higher performance as compared to the generalized goals (DuBrin, 2011, p.400). Thus, the VP of Limited Brands would set specific goal in order to get motivated and work for the betterment of the organization. An increase in performance is directly proportionate to goal difficulty. The VP would set harder goals as the harder the goal is, the more it gets accomplished. Goals set will be used to evaluate and monitor the performance of the VP, as it increases the impact of goals set. The VP would relate its goal-setting objective to feedbacks from the senior members of the Limited Brands. Feedback is a m otivational principle within oneself. Positive feedback would encourage the VP to repeat the same positive behavior and work. In a way, it can be said that building feedback is to set an achievable short-term goals. The accomplishment of goals gets measured at a regular interval. Thus, short-term goals also tend to increase the motivational level of both the employers and employees. The VP would also set a specific team goal in order to increase the productivity. The Vice President of Limited Brands is a huge responsibility. He needs to look after the marketing and sales and at the same time enhances the brand value, thus in the process he needs to be motivated so that all the responsibilities are performed effectively. Analysis Managing Stress Stresses are part and parcel of life especially in the work place. Job stress naturally occurs while dealing with various activities and objectives of the company. As Vice President of Limited Brands, huge responsibility overheads the VP and he is expected to carry out the responsibility in an effective manner. However, it is important to handle the stress in an

Open letter Assignment Example | Topics and Well Written Essays - 250 words

Open letter - Assignment Example The article is opposed to the opinion expressed in an AlterNet article: GMO might cause horrible diseases to the cattle, including defects in the newly born like limb deformities (Paul). However, use of genetically engineered food has already became a usual thing for our society with most American crops being modified (Kantor). At the same time, the researchers conducted in a great sample of cattle allowed the scientists to conclude that use of GMO in cattle feeding causes no unnatural or disturbing effects both in cattle and on people who consume meat of a GMO-fed animal. Though the topic is debatable and there is no decisive position in the world, Entine appeals to the authority of researchers and simple logical arguments: if the unnatural harmful effect caused by GMO use in feeding of livestock was so widespread and disturbing, farmers and scientists would have already noticed that (Entine). Moreover, sick animals are not used for producing meat, and if there were a lot of those, there would have been problems with meat supplies already. Generally, GMO is often considered to be the salvation of the future that is able to save humanity from famine. At the same time, GMO is economically beneficial as it acts as a catalyst for the production process and makes crops resistant to diseases. Entine, Jon. â€Å"The Debate About GMO Safety Is Over, Thanks To A New Trillion-Meal Study†, Forbes, from:

Managed Care Overview Assignment Example | Topics and Well Written Essays - 250 words

Managed Care Overview - Assignment Example The members can change the providers by filling the form and submitting it to the HMO. IPA, on the contrary, provides assistance to HMO by way to legally contracting with physicians to provide their services to its members. PPO provides a network of physicians that is accessible to the HMOs or IPAs to connect with and charge a fee for it. POS is an upgraded plan that has elements of each of HMO, IPA and PPO. However, it is flexible as the members are allowed to use the services or move to another choice of service. PFFS is a combination of managed care and health insurance. They include a large number of physicians and hospitals and they are all paid for their services. The member however, has to choose the plan they want depending upon their needs and budget. HMO is more traditional and has set rules as it is based on Health Maintenance Organization Act of 1973. IPA and PPO both work as network providers to HMO members. POS and PFFS both are flexible plans in terms of budget plans to its members. The managed indemnity plan also now includes managed care in the shape of certifications to the admissions in non-emergency situations as well as utilization reviews. The patient can take a second opinion in case of doubt by informing the provider and making a formal request for it if it is included in the grievance policy (‘USAMCO’, 2013). The insurance card requires particulars of the applicant, any licenses or previous attachment with any provider, health related certifications and identity proofs through mail. In case a provider wants to quit the service of providing access to managed care to the members, it can under the HMO Act, 1973 file the related form and request for closing the provision of service (‘FAQ’, 2013). In PFFS, the providers make payment to physicians once the service has been provided. A formal letter detailing the problem that provider is not accepting the guidelines or

Anglican spirituality Assignment Example | Topics and Well Written Essays - 2000 words

Anglican spirituality - Assignment Example During the reign of Henry VIII, in England was made Reformation, pretext for which was refusal of the Pope to the king to resolve the divorce with his first wife, Catherine of Aragon. In response to the refusal of Pope, Henry VIII in 1534 issued the Act of Supremacy, by virtue of which the king was declared the head of the Church of England, and on the basis of which he independently issued his divorce through the British Parliament, bypassing sanctions of the Pope. Act of Supremacy confirmed the inviolability of all the Old Catholic doctrines and rituals; only head of the Church should have been changed - the place of the Pope in England took the king; episcopate was survived and became a pillar of absolutism. Thus, a new Church of England took a middle position between Catholicism and Protestantism. Anglicanism combines Catholic dogma of the saving power of the church with the Protestant doctrine of salvation by personal faith. A characteristic feature of the Church of England is i ts episcopal establishment, resembling Catholic one and claims to apostolic succession. In the area of dogmatics and ritual, the separation into two streams - the "high", gravitating towards Catholicism and the "low", Protestant dogmatics is noticeable. This feature allows the Anglican Church to enter into the ecumenical contacts with the Catholic Church, and with Protestant denominations. At the end of XIX - early XX century in England, there was quite a unique situation in the spiritual sense.

Business Integration topic Essay Example | Topics and Well Written Essays - 3000 words

Business Integration topic - Essay Example During this period, the company opened 13 stores. (JB Hi Fi, Annual Report – 2007) The strategies followed by JB Hi Fi will be discussed in light of recommendations for further improvement and growth in this paper. These strategies will be discussed in terms of the phases put forward in the book by Kotter titled Leading Change, as well as theories by various other scholars like Taylor, Porter and others. In the book Leading Change, Kotter has used the word urgency to describe the first phase so as to get a head start into the process of transformation. This can be seen in JB Hi Fi’s foray into the market of technology with the popularity of its â€Å"Big Box†. This has to do with taking stock of competitive and market realities with a focus on crises and opportunities. (Kotter, 1996) This has been paralleled in Organizational Behavior and Management through a focus on competitive advantage which can be described as follows: (Ivancevich et al, 2004) This brings us to a discussion on the technicalities of the model proposed by Porter. Porters Five Forces model provides suggested points under each main heading. When taken into consideration individually, each of these gives rise to the development of a broad and sophisticated analysis of competitive position. This may further be used during the creation of a strategy, plans, or even where making investment decisions about a business or organization is concerned. These five competitive forces determine industry profitability and attractiveness apart from being responsible for shaping the prices that firms can charge, the costs they have to bear, and the required investments to engage in industry level competition. We are concerned with the fact that Porter’s essentially ahistorical approach cannot provide a full account of either a nation’s competitive advantage and corporate strategies or the growth and development of industrial

Analysis of British Petroleum's management of the 2010 Gulf of Essay

Analysis of British Petroleum's management of the 2010 Gulf of Mexico's oil spill - Essay Example There was also a huge fouling of beaches in Florida, Louisiana, Mississippi and Alabama which meant that the leisure activities of many people had to be put to a halt not to mention the many beach hotels that suffered huge losses due to lack of customers (Eilperin, & Mufson, 2010; Tangley, 2010). The spill resulted into hundreds of law suits that were filed. A special investigative panel consisting of officials from the coast guard office as well as the department of Interior was constituted by President Obama to look into the issues that surround the oil spill. BP began an assessment of the resource damage as soon as they managed to control the spillage. The losses incurred by the company are huge since at least 185,000,000 gallons (which comes to around 4.4 million barrels) of oil was lost. The clean up process might have succeeded to remove the spilt oil but the ramifications on the environment are probably going to last for decades to come (Jervis, & Levin, 2010; Jervis, 2010) Th ere are many questions concerning the resource damage that might not be fully answered any time soon. The extensive media coverage during the duration of the spill raised important questions that unfortunately did not have very comprehensive answers. For instance: the delay in response to the emergency, the companies that are to blame and most importantly and if the environment could survive such a disaster. Who is to blame? Before the OPA 90 was passed, it was not very clear who amongst the federal state, private players and the other local officials was directly responsible in the event of an oil spill of the magnitude of the BP Mexican gulf spill. The current legislation now demands that federal government should step in immediately when such a disaster strikes. The responsibility on the government according to the OPA 90 covers spills on the land as well as coastal spills. Offshore incidents like the recent BP Gulf of Mexico spill lie well in these boundaries. In the same breath e; the OPA 90 also includes the coast guard as a party that should be in charge of evacuations and control of the spillage. The biggest challenge of this is that the coast guard may not have access to the kind of equipment and personnel that it requires to handle such spills. However, legislation gives the coast guard the authority to acquire the equipment from private companies. BP was consistently present during the control of the spill and though it was largely in charge of the process, it was also assisted by personnel and equipment that the coast guard had acquired. There was some tension between the government and BP originally. This tension was addressed by the reports made by the president’s commission. Ideally, the responsible party is both the partner and the adversary since they are in charge of containing the spill and they are also required to take responsibility for all damages. It is a relationship that often confuses the general public but it is something that was established in the OPA 90 (Schwartz, 2010). Oil spill management is usually based on the National Contingency plan. The National Contingency plan identifies the national, regional as well as the local infrastructures. It integrates the different agencies that might be involved in the event of a spill. The National Contingency plan usually comes up with an initial disaster response team both nationally and regionally. It coordinates the efforts by setting up an on-site coordinator as well as a centralised command

Unit 5 group project Tolap Corporation Research Paper

Unit 5 group project Tolap Corporation - Research Paper Example Unit 5 group project Tolap Corporation This section shall be a summary of all that is contained in the plan such that top executive members, who may not have time to read the entire report, should get a fair idea of what is contained in the report and base on the executive summary to take preliminary decisions (Chen and So, 2002). Description of Business The name of the business as well as the form of ownership shall be identified under this section. The section shall also contain owners and any possible history of business. Description of Product/Service Name of products offered should be listed in clear terms as well as services that customers are to receive. Marketing Plan This is where the suggested market segment must be made known and how to development competitive advantage over this segment. Industry Each business is under a broad industry and this must be clearly stated. Toplapp is, for instance, in manufacturing industry. Customers The customers are the end users of the products and services earlier spoken about. This section should include characteristics of customers as well as why they have been targeted. Competition The company will not be the first in the named industry and so existing competitors must be mentioned with reasons that make them threatening. Advertising and Promotion The means through which the company is going to make its self-visible to the identified customers and all forms of potential customers must be spelt. The initial strategies for making the company known will fall under advertisement whiles ways of maintaining the gained image of the company will come under promotion (Breiman et al., 2009). Location Location will refer to places where the presence of the company will be seen and felt. In times past, the talk of location was all about where offices and branches will be seen through the construction of structures, but today the advent of the internet have made it quite easier to have a larger location through electronic commerce and so ways by which the company seeks to take advantage of electronic commerce will come under this section. Suppliers The company may have the option of using either internal or external suppliers. Whatever the case is however, it is necessary that these suppliers and why they are the best must be made known through the business plan. This section of the plan will therefore cater for this task whereby names of suppliers are going to be known as well as materials that they are going to supply. Management Management as used in context does not just refer to a list of the names of managers of the company but also skills and abilities possessed by the managers in carrying out their roles and the specific roles that they are going to be expected to undertake in order to bring about the achievement of goals. Financial Plan Quantum of capital injection as well as a budget of how the capital is going to be raised and used must be made clear under this section. Mission Statement The company has a mission of becoming a global leader in the manufacturing of high quality home and garden appliances that meet the requirements and specifications of customers. The company also seeks to put its self ahead of time when it comes to innovative manufacturing, which involves the manufacturing of machineries for today’s use that actually solves tomorrow’s problems. By this, the manufacturing services and products of manufacturing shall become highly relevant to the customer because apart from the fact that

Analysis of a Disability Deafness Essay Example | Topics and Well Written Essays - 750 words

Analysis of a Disability Deafness - Essay Example Deaf people normally have a complete to partial hearing loss. They intentionally watch the lips of the person talking to them and intentionally move theirs, and have a tendency to ask people to repeat what they had said. In young children, the signs of deafness or the complete inability to hear may be characterized by lack of attention, lack of vocal communication, or reduced educational language development. Deaf person’s educational achievement is hindered by inability to hear, which affect their average class performance due to decreased levels of concentration in class. Deaf person’s social life in classrooms is also affected as most of them experience various levels of discrimination. Persons with disability also face difficulties in their education since they regularly change their career interests. This is caused by their inability to decide on the major fields of study that they are interested in to broaden their education. This affects their education in second ary or post-secondary education. Behaviors common with the deaf children includes the inability of students to concentrate in class. Students also have a low level of preparation in the classroom for the academic programs. When completely dissatisfied, they tend to cause disruptions in class. This can be by making too much noise, or even sleeping during class period. Deaf students also have a tendency to rely on third party students to provide them with important information. This behavior affects their performance both academically and socially. There are a number of changes or adaptive mechanisms that can be put in place in my class to accommodate these students. One of the basic support services to include should be the tutoring service. Secondly, the deaf student should have a special interpreter to enable them understand important concepts in class. The deaf students who suffer complete hearing should be given an interpreter who should also act as their mentor. This will also b oost their morale and social cohesion in the class. Thirdly, these students in my class should be given or provided with academic advising services that will help them make the right career choice in life. This will play a major role in ensuring that their future is secured. Access and support services should also be provided to them to ensure that they are not stigmatized for being different to others in life. Stigmatization can be done by the provision of mentors in life. Real time captioning should also be provided. Captioning can be done through articulate use of visual aids such as projector to show images where it should be left for enough time for the students to understand the meaning. Classroom participation and involvement should also be encouraged. Participation will also enable the teacher to identify the areas in which the student has problems. Some social considerations need to be made in order for the deaf students to feel socially considered. This can be done by enco uraging participation in classroom activities as well as extra and co-curricular activities. They should also be involved in decisions making in the class since they are members of that class. Members of the class should also be taught how to relate with deaf students. Being a student, I have had an experience with one deaf students in my class. The student had a hard time catching up with the dictation in class. most of the times, the deaf student had to

Constraints of literacy in developing countries Essay Example for Free

Constraints of literacy in developing countries Essay Poverty and illiteracy go hand in hand. Majority of the illiterate women live in countries with increasing economic difficulties and enormous debt burdens. The existence of multiple causes such as discrimination and deprivation against the female population is easily revealed (E. Malmaquist, 1992:19-20). Two hypothesis (1) barriers and (2) effects are constraints of literacy. Both will be examined and broken down for better understanding as to why they correlate with education to affect womens development.coge ger segegew orge gek inge foge ge. Several barriers reveal important patterns and trends in womens education in developing countries[1]. Each indicators leads to the same conclusions: the level of female education is low in the poorest countries, with just a handful of exceptions and by any measure the gender gap is largest in these countries.[2]cogg ggr seggggw orgg ggk ingg fogg gg.  Literacy Ratescoef efr seefefw oref efk inef foef ef. Literacy is one of the principal goals of education around the world. The ability to read and write is considered almost a basic human right. Yet low literacy rates prevail among women in many developing countries a staggering figure of twenty percent for female adult literacy rate (E. King, etal, 1997: 2). According to Malmquist (1992) women often face practical barriers to their participation in literacy programmes[3] (19). One must realize that even though literacy is not the only means to development it should be considered an essential instrument in the right direction to growth potential (25). This work from www.academicdb.com In Afghanistan, Burkina Faso, Nepal, Somalia and Sudan, fewer than ten percent of women are literate, while male literacy rate is not so low. The percentages of men who are literate are three to four times larger. Among other countries the gender gap is noticeable large: Libya 30%, China 38%, Zaire 26%, Botswana 21% and Turkey 23%.[4]coge ger segegew orge gek inge foge ge. Obstacles to literacy  Womens place is in the home. Subsequently, we have heard this phrase many times over. In several developing countries, this saying is true for while the men folk are away from the home, the women take over the mens work while attending to their customary chores. On their shoulder lie the responsibilities of the household, children and the work of the fields. Even though men work from sunrise to sunset, a womans work is never done. Many women rise at four or five oclock in the morning with a lot of chores to be completed before day is done. [5]coca car secacaw orca cak inca foca ca: Frequently a woman covers long distance carrying wood, water and farm products (K. Chlebowska, 1990: 83). It is no wonder these women have no opportunity in pursuing an education that will enable them in their developmental process if they have no time for the betterment of themselves.coca car secacaw orca cak inca foca ca; Educationcoaf afr seafafw oraf afk inaf foaf af;  According to Chlebowska, in 1985 some 130 million children[6] eighty percent of who were girls did not attend school. Insufficient numbers attending school, dropout and absenteeism are variables of the education of girls. Distance from school is one of several obstacles to school attendance. In rural areas where transport facilities are limited, parents hesitate to send their daughters to a remote school outside villages or homes. If transport exists they are not free and parent who are poor must either abandon schooling or make a choice, which is always the determinant of the girl staying at home (K. Chlebowska, 1990: 72). sabir4u, please do not redistribute this project. We work very hard to create this website, and we trust our visitors to respect it for the good of other students. Please, do not circulate this project elsewhere on the internet. Anybody found doing so will be permanently banned. School dropout is more frequent amongst girls. Also engagement, marriage and motherhood contribute to school dropout. The percentage of girls in primary schools in developing countries is lower than that of boys. A case in point is in Africa in1987 the rate of enrolment of boys aged 6 to 11 was 69% and that of girls only 56% for the same age group. In Asia 77% boys attended school while 59% girls did not (73). sabir4u, please do not redistribute this paper. We work very hard to create this website, and we trust our visitors to respect it for the good of other students. Please, do not circulate this paper elsewhere on the internet. Anybody found doing so will be permanently banned. In summing one can ascertain that under-attendance of girls at school attributes to less being able to neither read nor write. The reasons are that many of these girls live in rural areas and are generally poor. Parents do not see the attendance of their daughters in school a necessity and not essential when there are household chores to be performed, which in the eyes of mothers and grandparents are more important than education, whereas it is for boys as they turn out to become heads of the households (K. Chlebowska, 1990: 74).coec ecr seececw orec eck inec foec ec; As we have observed there are constraints put into place, which affect womens literacy in developing countries. Subsequently, it is more difficult for women and girls to acquire an education while boys are given more of an opportunity to do so. As a result, due to this kind of restriction on women the manifestation of gender-gap has astronomical influence that is irreparable.codb dbr sedbdbw ordb dbk indb fodb db.

The Use of Steroids in Sports Should Be Permitted or Legalized Essay Example for Free

The Use of Steroids in Sports Should Be Permitted or Legalized Essay Steroid in sports has been used since 1954 where the soviets won many weight classes which brought about debates about use of testosterone on the team members. The testosterone injections were used to enhance the performance of the athletes that led to wining so many medals. Use of Anabolic steroids was evident and this was different from the use of oral steroids, use of herbs and foods that improve the muscular strength in performance in events (Milton John H. 205-208). In the resent past, professionals especially in the athletic field have had lucrative contracts on use of these substances has been on the increase. Besides increasing performance they have been known to fasten the healing process of injuries and also increase the length of time in which one spends in the career. In the late 1990s their use was a symbol of national pride as athletes won Olympic Gold Medals. Other substances and drugs have been in use in an attempt to enhance performance but the anabolic steroids have been found to be more powerful. For example, with Dianabol many athletes sought to have access to the drug and even have protocols on their use. However, in 1968 the World health Organization (WHO) complained on use of the steroid on their use and dispensation on pharmaceuticals. The Anabolic steroids were banned by the International Olympic Council although many athletes avoided drug tests (Putriam Douglas 250). In the 1990s the use of anabolic steroids had spread into the society and into high school levels that led to an anti-steroid policy being formulated to monitor their use. However the government should legalize it so that there is a level playing field since many athletes are using the drugs (Taylor William N. 370). A legal option should be provided as well as having a moral choice on its use The situation should only be regulated and supervised as this would minimize health risks that may be associated. Despite the fact that they have great effects on the body, it can maximize physical performance and hence one can optimize his earning potential. It should however not be advocated for those under 21 years. Their use should be legalized and regulated and more importantly taxed. In an example of Rafael Palmeiro who was a player of the Baltimore Orioles who suffered serious injuries and used steroids as an alternative to quick recovery and resistance to injury rather than increasing on his performance. In such a case, use of this steroid would be a good option so that he would be helped out of multiple serious injuries that he suffered (Hanson Glen 100, 115). They are none to reduce injury, increase recovery and tissue bonding that increases exertion with blunt force trauma as in footballers. The substances should be looked into to find out on their chemical content and especially to find out those that offer better living for athletes. Perhaps they may be necessary or of help to laborers who carry out heavy jobs such as dock workers who load goods. It’s also too late to ban steroids and a consideration of making performance enhancing drugs should be of concern. Athletes who do not use the steroids risk low performance and risk their job too. Those that use want to be competitive as this is their only measure of worth. Despite the link of steroid use to physical and mental problems, this is only as a result of their abuse and improper use but otherwise doctors would prescribe the same for medical and cosmetic reasons. If legalized, doctors would safely prescribe the drug according to medical history and condition of players. Doctors would also give benefits and risks of their use so that they can make informed choices. Furthermore this would guarantee protection or enhancement from the use of steroids. According to Husak D. , in sports, performance is considered more important than character and so if the steroids can revitalize these careers then it should be legalized (Husak Douglas. 30, 36). The belief that steroids will give a development of power and strength to win has pushed more athletes to their use. It is also believed that they relieve them from heavy workouts by increasing their muscle mass. The same drugs are used for treating anemia, bone degradation, facilitate growth and in other disorders of gonads and gynecological problems. Steroids work so well and the society enjoys and supports sports and the athletes and so, they would not mind so much if they are kept entertained on the screen without considering what is behind the energy presented in their fans (Yesalis E. C. 456-465). A swimmer by the name Rick De Mont was confronted for using ephedrine which is a steroid and a performance enhances in 1972 and this drug is also used to treat Asthma. Coincidentally the swimmer was also found to be asthmatic and this proved his use. Ethically he should not be denied this drug because of his health and medical need since his life is at risk and his living needs not be compromised too. If steroids are legalized then all athletes would be operating from one level rather than others being more competitive than others. Equal opportunity of legal and controlled drugs should be made available.

Why China Is A Threat To India History Essay

Why China Is A Threat To India History Essay 1. The Chinese leadership believes that conflict is due largely to the rapacious role of the adversary, and that in this zero-sum context the application of violence is highly efficacious for dealing with the enemy. These assumptions generally translate into preference for offensive strategies followed by progressively less coercive ones, where accommodation is ranked last. This makes conflict over territory and other core interests of the Chinese regime and the PLA highly likely if the other state refuses to accommodate to Chinese goals.1 2. The Chinese defence white paper for the year 2008 critically analyses the world security situation and clearly brings out Chinas willingness to play a major role in international affairs. China also gives out its military policy as that of active defence, which means that China can launch a pre emptive if the need be so. The white paper also gives out probable reasons as to why would China go on war with any nation. The white paper states World peace and development are faced with multiple difficulties and challenges. Struggles for strategic resources, strategic locations and strategic dominance have intensified. Meanwhile, hegemonism and power politics still exist, regional turmoil keeps spilling over, hotspot issues are increasing, and local conflicts and wars keep emerging. 2 The reasons for likely struggle (conflicts) as given in the white paper in context of India are being analysed below: (a) Strategic Resources. Strategic resources in Indian context which could affect Sino-Indian relations could be water, natural gas, oil, exploration rights over sea and in other continents/ nations. The Chinese ambitious plan to divert river Brahmaputra before it enters India could be potential cause of conflict. Moreover, China views water of the yarlem Tsangpo (Brahmaputra) as an important natural resource, especially for its North Western provinces. Chinas dependence on imported oil will continue to rise and it is assessed that by 2010, it will be importing 61% of its oil requirements and by 2020, the figure will rise to 76.9%. Indias oil imports by 2020 are likely to be 91.6%. 3 majority of Chinas oil (about 54% ) 4 is imported from the African continent whereas majority of Indian oil imports are from the middle east countries. Chinas oil imports will have to cross the Indian ocean, where Indian Navy has the potential and capability to interdict these strategic supplies. China v iews this as a major weakness and is trying to counter balance the Indian Navy by its string of pearl policy. Especially the port that China is developing at Gwadar in Pakistan could provide China a base from where Indian oil supplies could be threatened. Chinese participation in anti piracy operations in the Gulf of Aden, could provide the PLAN experience of conducting operations far away from the mainland. This could come in handy especially in keeping the threats from Indian Navy at bay in case of a conflict. (b) Strategic Locations. Chinas perceived strategic frontiers can be said to include the Indian Ocean and the Malacca straits to the South West, South China Sea, the East China sea, in addition to the current territorial boundaries and claimed justification over the aforementioned territories. 5 As interests between India and China clash in these regions, conflicts cannot be ruled out. China also views Central Asian Republics as important and strategic locations due to the enormous amount of gas reserves there. China has also made efforts to establish its presence in a manner so as to secure its sea lanes of communications, import gas through pipelines avoiding shipment through Indian Ocean where India can influence Chinese shipping, and also to acquire strategic bases such as Gwadar in Pakistan, Coco islands to be able to establish strategic naval capabilities. The reaons for conflict with India will keep increasing wherever interests clash. (c) Strategic Dominance. China views itself as one of the major powers in the world and the leading power in Asia. Mr Barak Obama termed it as the leader amongst Asian countries during his maiden visit to China. China also aspires to be a powerful nation second to none. In the Chinese quest for greatness Chinese analysts feel that two nations, Japan and India could be hindrances in its road to greatness. Japan because of the overbearing legacy from history and India due to its differences with China. The Tibet Issue 3. China invaded and captured Tibet in 1956. Indian opinion about Chinese occupation of Tibet has changed over a period of time and India now recognises Tibet as a part of China. However, Chinese still feel that India through the Dalai Lama tries to bring to fore the Tibet issue. Notwithstanding, Indias support to China during the anti China protests by Tibetans in the run up to the previous Olympics, Chinas mistrust of India has never diminished and could be used as an ostensible cause for conflict against India by China. Territorial Dispute 4. Today the line of actual control by both sides in the in the eastern sector conforms to the McMahon Line. The disputed area between the pre-1914 outer line and the McMahon Line covers a total area of 90,000 square kilometers. According to China this area comprises Tibets three districts of Monyul, Loyul and Lower Zayul; and according to India, this area is its Arunachal Pradesh. In the western sector, the line of actual control runs roughly along the Karakoram Range, conforming to the Chinese claim. The Indian Government however, claims that the boundary runs along the Kunlun range from the Karakoram pass. The disputed area is the Aksai Chin region between the two ranges, covering a total area of about 33,000 square Kilometers. This area falls mainly in Chinas Xinjiang and Part of it belongs to the Ari district of Tibet. The Indian government claims that it is part of its Ladakh area of the state of Jammu and Kashmir. This area is sparsely inhabited, serving only as the traffic ar tery linking Xinjiang with Tibet. The unresolved border dispute has been an irritant in Indo China relations and can be a potential cause of conflict in future. Recent Diplomatic Struggles 5. Chinas recent reactions over Indian prime ministers visit to Arunachal Pradesh, Dalai Lamas visit to the same place and issuing visa to Indian Kashmiris on a separate paper have been seen has diplomatic offensives by China to contain India. Analysts feel that China could be looking for reasons to launch a swift political offensive against India in future to resolve the border issues in its favour. China has resolved its border disputes with those counties which are relatively weaker. 6 It could be deduced that China wants to resolve its disputes with other nations from a strong position so as to gain an advantageous deal. Moreover, normalisation of relations with Taiwan offers China the flexibility to switch forces from its Eastern borders to the borders neighbouring India. China Pakistan Nexus 6. China has been helping Pakistan militarily and in nuclear technology to develop a foil for India and to contain India in South Asian region. Export of military technology and hardware and clandestine support to Pakistan in for developing strategic weapons such as missiles and nuclear weapons flouting all international norms is seen as an effort to dilute Indias military potential. China does not at present wish to see any tensions on its borders with India. But at the same time, its approach to our sub-continental neighbours and our friends in ASEAN indicates that it will spare no effort to contain India strategically. Its actions like continuing assistance for Pakistans nuclear and missile programmes are quite evidently a part of this policy. 7 Insecurity of the Chinese Leadership 7. China is an economic success story but its leadership is highly insecure. The Chinese government under the communist party has every reason to feel confident. Yet, a Chinese professor, Liu Xiabao, was recently jailed for eleven years, just because he publicly advocated freedom of expression and an end to one-party rule in China. 8 Such incidents, human rights conditions, lack of freedom to press, media and internet in China, the Tiananmen incident etc indicate that Chinese communist leadership does feel highly insecure of any uprising against it. Further, India is the country that is spoken of most often as an enemy in China. 9 The leadership may resort to drastic acts such as annexation of Taiwan or an attack on India to divert public attention, if it is cornered by a popular movement in China against the Communist party. End Notes 1. Sujit Dutta, Chinas emerging Power and Military role: Implications for South Asia p 94 2. Chinese White Paper on National Defence; Year 2008, downloaded from www.china.org on 24 Sep 09 at 1500 h 3. Commander PK Ghosh, The Maritime Dimensions of Indias Energy Security calculus, p 33 4. Vice Admiral Raja Menon in his speech at DSSC on Dec 09 5. Ashok Kapur, China and Proliferation: Implications for India p 405 6. Kondanpalli Sreekanth in his lecture at DSSC Wellington on Nov 09 7. Kondanpalli Sreekanth in his lecture at DSSC Wellington on Nov 09 8. Ian Burma, The Times of India, Bangalore, 16 Jan 10 9. Downloaded from yahoo.com on 28 Sep at 0900 h

My special person essay :: essays research papers

MY SPECIAL PERSON â€Å"When I entered the classroom, for the very last time, I looked around at every little detail, many of which I’d probably ignored, for the past four years. Birds were singing in a synchronised melody as they flew past our classroom window. There was the natural aroma of fresh coffee coming from the teacher’s lounge next door. My classmates were sitting at their usual desk waiting for the first lesson to begin. But something was different today, something wasn’t right. And as I entered the classroom it hit me, like an unseen rocket headed to my heart†¦ †¦ The silence. All eyes were on me, some gave a sorry-you’re-leaving-smile, while others looked liked they were about to jump off the nearest window. These were my friends, not just any old friends of course, they felt like family, I grew up with these people and at that moment as I stared into each of their eyes I realized something, something which had always been staring back at me, these people were special. Each and everyone had something that made them unique and as they sat there shining like a thousand stars, one of them shined the brightest. Her long silky hair covered half of her face, but I knew she’d been crying, he chestnut coloured eyes tried to avoid meeting mine but when we did exchange glances, I have her a sympathetic smile and she returned the favour. The rest of that day was full of tears, hugs, a surprise party, games presents and goodbyes. That day will stay with me forever. However I am glad to say that wasn’t the last time I saw my friends and I’m even more glad to say that wasn’t the last time I saw my best friend. Its funny how two people, who are connected, become even closer when they’re apart. Fortunately Ginevra came to visit me in London twice after that, but I went back to see her in my hometown every year. As the years past, and as we grew, our friendship grew stronger, like an ever-growing tree, sending it’s roots deeper and deeper into the ground. Every year she would wait for me with open arms. Some people get worn-out with long distant friendship, but not her, she would always stick by me and never let me down. When I lived in Italy for all those nine years I never had the privilege to have any brothers or sisters so I considered her as my own flesh and blood.

power of words :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  The Power of Words Silvana Paternostro describes the difficult life of women in Cuba. For an audience of mostly women, her emotional tone and simplistic style lets the reader get a feel of what these poor young women are going through in the October 2002 issue of Glamour Magazine.   Ã‚  Ã‚  Ã‚  Ã‚  Paternostro explains the hardships that these women endure though out their lives. The only way to make a descent living in the country is to become a cabaret dancer or prostitution. She writes of their only two options with such emotion. The reader can truly feel their struggle. When the reader sees their pay (fifteen dollars) a month, it showers them with disbelief. One truly cannot fathom this idea. She speaks of the emotional break downs and discouragement. Directors that pinch their fat, make them feel un-pretty and lower their self esteem as well as shatter their dreams when their told they are not good enough. The authors detailed description   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Paternostros’ emotional tone makes well with women readers. It is something that women can relate to more readily. Through out the article, the author throws out descriptive terms that play emotionally on women.   Ã‚  Ã‚  Ã‚  Ã‚  For example, Paternostro speaks about cabaret dancers being the only means of making money. Unless of course, they would rather sell their bodies. When she says â€Å"money making option,† this means fifteen American dollars a month. To truly think that this is what can be spent in seconds here and only lasts a month there- is astonishing. It really makes the reader realize how blessed they are. Although things can be tough, it can always be worse. She also makes the reader realize other things that are taken for granted. For example, here in America, people change careers and start their lives over at the age of fifty. This is clearly not an option in Cuba. Through the use of descriptive sentences the author gives a detailed description of the qualifications to become a dancer.   Ã‚  Ã‚  Ã‚  Ã‚  Paternostro states â€Å"to qualify as a dancer, girls must be younger than twenty one and at least 5’4’’, to be a dancing model, she must be at least 5’8’’. They must posses grace, beauty and rhythm musically.†   Ã‚  Ã‚  Ã‚  Ã‚  Clearly this is a detailed description of the attributes dancers must possess. It also tells of the young age girls must be to qualify. At such a young age, the dreams and hopes of these girls can be shattered in the blink of the eye.

Effect of marajuana on college campus :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Marijuana can be found on every college campus in the United States and is the drug of choice coming in right behind alcohol. Harvard School of public health conducted a survey over the last eleven years and found that marijuana use in college has gone from 26.4 % in 1989-1991 to 33.6% in 2000 (http://www.edc.org/hec/pubs/prev-updates/marijuana.html). According to a similar study, the majority of students on college campuses that use marijuana will also participate in other high risk activities. This destructive behavior includes things such as cigarette smoking, binge drinking and sex while intoxicated. Marijuana is so easy to obtain and can be very tempting to experiment with, especially if you have already had a few drinks and your thinking is impaired.   Ã‚  Ã‚  Ã‚  Ã‚  Marijuana prices have a major effect on the amount of use by college students at any given point in time. Although it may be more socially available on college campuses, the price still determines the usage. The fact that marijuana is illegal in the United States helps to keep the price at a seemingly higher level. This artificial price illusion regulates the buying, selling and usage among college students. Compared to alcohol, marijuana is much more accessible, especially on college campuses. Getting alcohol requires an ID or someone with an ID. Getting marijuana only requires someone that supplies the drug. So even though it is illegal, marijuana is seemingly more common.   Ã‚  Ã‚  Ã‚  Ã‚  Since possession of marijuana is illegal, it is not surprising that the consequences can be so debilitating. While attending college with federal financial aid, you run the risk of jeopardizing your federal aid by being charged with a misdemeanor. Possession of marijuana is considered a misdemeanor and if you are charged, the federal government has the right to take away any government aid that you were granted. So not only do you have a record for possession, but more than likely you are going through the judicial system of the college or university and may be suspended or expelled.   Ã‚  Ã‚  Ã‚  Ã‚  Marijuana use can also lead to academic problems. Students that participate in these behaviors have a tendency to spend more time socializing than concentrating on what they should be, their academics. These students spend more time partying than studying which greatly affects their academic performance. Two of the physical effects of marijuana that directly affect academics are difficulty in problem solving and poor memory. Students may become less and less motivated to be involved in campus activities, and also may become decreasingly concerned with their long-term goals and career plans.

The Ada and Disability Related Harassment

The Americans with Disabilities Act (ADA) and Disability-Related Harassment A Self-Advocacy Guide 3839 North Third Street Suite 209 Phoenix, AZ 85012 602-274-6287 (voice or TTY) 800-927-2260 (toll free) 602-274-6779 (fax) 100 North Stone Avenue Suite 305 Tucson, AZ 85701 520-327-9547 (voice) 800-922-1447 (toll free) 877-327-7754 (TTY) 520-884-0992 (fax) www. azdisabilitylaw. org [email  protected] org This guide was written by former University of Arizona, College of Law students: Kraig Gardner, Kevin Lira, Ryan McCarthy, Ruth Mendus, Cathy Nelson and Denise Quinterra.Funding for this document is provided by the United States Department of Health and Human Services, Administration on Developmental Disabilities and Community Mental Health Services and the United States Department of Education, Rehabilitation Services Administration. Federal and state law can change at any time. If there is any question about the continued validity of any information in the handbook, contact the Ariz ona Center for Disability Law or an attorney in your community. The purpose of this guide is to provide general information to individuals regarding their rights and protections under the law.It is not intended as a substitute for legal advice. You may wish to contact the Arizona Center for Disability Law or consult with a lawyer in your community if you require further information. This guide is available in alternative formats upon request. Revised 100307 E-8 1 The Americans With Disabilities Act (ADA) and Disability-Related Harassment TABLE OF CONTENTS A. Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 1.Scope of this Guide †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 2. The Difference Between Disability-Related Harassment and Common, Everyday Harassment. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 2 3. The Difference Between Disability-Related Harassment and Retaliation. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 2 4.Other Types of Discrimination †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚ ¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 3 B. Proving Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 4 1. Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 4 2. Elements of a Claim †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3. Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 4 C. The Rules About Employer Liability For Disability-Related Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 8 1. Introduction. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 2. Owner Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 3. Supervisor Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 4. Co-Worker Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 5. Non-Employee Harassment†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã ¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 D. E. F. G. Duty to Employees to Avoid or Limit Harm †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 Employer’s Responsibility to Prevent/Stop Harassment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 12 Steps to Take If Your Employer Does Not Take Appropriate Action †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 13 Introduction to the Americans with Disabilities (ADA) and this Guide†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 15 1. What Does the ADA Cover? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 15 2. How Does the Arizona Center for Disability Law Assist People with Disabilities? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 16 3.Why Does the ADA Include Employment Protections? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 4. When Do the ADA Employment Protections Apply? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 17 5. What Employers are Covered by the ADA? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 18 H. Legal Resources†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚ ¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 19 A. Disability-Related Harassment 1. Scope of this GuideThis guide is meant to explain and describe: (1) Harassment based on disability; (2) when an employer is liable for harassment, and (3) some ways of dealing with harassment. The ADA protections described are available only to people who are qualified individuals with a disability under the ADA or who are harassed because of an association with a person with a disability (for example, a parent, son, daughter, friend, or co-worker of a person with a disability). If you are uncertain whether you are protected under the ADA, the Center has a guide that explains the meaning of the words, disability nd qualified. The title of that guide is, An Overview of the Employment Protections of the ADA. This guide is not intended to inform you about all employment-related claims, only those having to do with disability-related harassment under the ADA. This guide does not cover: à ¢â‚¬ ¢ retaliation; †¢ state law protections, such as worker’s compensation claims; †¢ tort claims related to harassment; or †¢ criminal claims related to harassment. Rasool works at a restaurant. He has a psychiatric illness. Several of his co-workers were very prejudiced and afraid of him because of his disability.To try and harass Rasool, they spraypainted his car with the word â€Å"crazy† and slashed his tires. Rasool’s co-workers may not only be harassing him in violation of the ADA, but also may have committed a crime. This guide does not cover criminal law and penalties. Report criminal conduct at the workplace to your employer. Your employer should report crimes to the police. If it does not, you should report crimes directly. Josefina has cerebral palsy. Her supervisor calls her offensive names related to her disability frequently and in front of all other employees.Josefina is humiliated and distressed by this treatment. She suffers phy sical symptoms, such as ulcers, that may be related to the treatment. Her employer may be in violation of the ADA. Josefina may have other state claims for emotional distress, including worker’s compensation. This guide does not provide information about these kinds of claims. For more information, contact a private attorney handling worker’s compensation. Visit the Arizona State bar directory at www. azbar. org for a list of attorneys specializing in worker’s compensation. 2. The Difference Between Disability-Related Harassment and Common, Everyday Harassment. The ADA was created to provide workers with disabilities a â€Å"level playing field† in the workplace. It requires employers to provide accessible facilities, to make special accommodations to the needs of protected workers, and to have employment practices that do not discriminate. The ADA also prohibits harassment based on disability, just as other federal laws prohibit harassment based on race, gender, national origin and religion.It is important to understand the difference between harassment and disability- related harassment. The law does not protect workers with disabilities, or any workers, from rude or uncivil people. The harassment must be severe and related to a person’s disability for the ADA to offer protection. Jane has a hearing impairment. She sometimes has problems understanding what people say to her. Dan is her supervisor. Dan is not a very pleasant person. He is constantly calling Jane and other workers lazy and slow. He often screams and yells when things do not go smoothly on the production line.Jane feels like Dan does not like her and the other workers. Dan may be harassing Jane in the common everyday meaning of harassment. Unfortunately, even though Dan’s behavior is not how we would like to see supervisors behave, it is not disability-related harassment. Let’s look at a situation that is very similar to the one in the first exam ple. Jane has a hearing impairment. She sometimes has problems understanding what people say to her. Dan is her supervisor. Dan is not a very pleasant person. He is constantly calling Jane and other workers lazy and slow.He also makes comments to Jane like â€Å"what’s the matter, didn’t you hear me? † and â€Å"can’t you understand anything? I thought you were deaf, not stupid. † Here, Dan’s harassment is related to Jane’s disability. It doesn’t matter if Dan is mean and rude to everyone else as well. When Dan’s harassment is severe and focuses on Jane’s disability, it is disability-related harassment. Making hostile comments is not the only form of disability-related harassment. Offensive jokes about persons with disabilities and offensive gestures and behavior can also be disability-related harassment. . The Difference Between Disability-Related Harassment and Retaliation. Another kind of treatment that is comm only confused with disability-related harassment is retaliation. Retaliation is adverse action taken against an employee because the employee (1) 2 opposed action by an employer that violated the ADA, or (2) participated in filing a formal complaint with the Equal Employment Opportunity Commission or the Arizona Civil Rights Division of the Attorney General’s Office. An employer can use â€Å"harassment† to retaliate.For example, an employer can harass an employee because the employee requested an ADA accommodation. An employer could also retaliate by harassing an employee who filed an ADA charge of discrimination when denied a promotion. Both retaliation and disability-related harassment violate the ADA. It is useful to know the difference between retaliation and harassment when you are making a complaint to the EEOC. Bob has paraplegia. He uses a wheelchair. Sue is Bob’s supervisor. Part of Bob’s job includes occasionally going to the room where the old files are stored to get these old files.Some of the files are on high shelves that Bob has trouble reaching without help. Bob asked Sue if someone else could do the job of getting the old files. Sue said no. Before this, Bob had never had any problems with Sue. Bob decided to make a request for an accommodation to the department head, who is Sue’s boss. Sue was furious. She yelled at Bob for 15 minutes and told him that if he ever went above her head again that she would â€Å"make him sorry†. She asked him to withdraw his request for an accommodation. Bob refused.During the next week, Sue began to ask Bob to do things that had never been part of his job before. She started asking him to deliver papers all over the building. Bob had no problem doing this because the building was wheelchair accessible, but it took him quite a bit longer than it would have anyone not in a wheelchair because the accessible elevator was on the other side of the building. Sue complained to Bob that he was taking too long to do these deliveries. Bob tried to explain why it took him longer to deliver the papers, but Sue wasn’t interested.Bob tried to do the deliveries faster, but Sue wrote him up when he took longer than 15 minutes. After being written up 3 times in the next week, Sue fired him. When Bob complained to the EEOC, he told them he was harassed in retaliation for requesting an ADA accommodation. 4. Other Types of Discrimination Sometimes, other types of discrimination feel like harassment. When an employer treats a person differently because of his/her disability in any of the conditions or terms of employment, it may feel like harassment.For example, if a person with a disability has been working for the company for many years and has never been permitted to go to a training to improve his skills, yet employees with less company seniority are often sent to training, this may be discrimination in the terms of employment. For more information about yo ur right as a person with a disability to equal treatment, see the Center’s guide, â€Å"An Overview of the Employment Protections of the ADA. † In addition, when an employer refuses to make changes to the work or workplace so an individual can do his/her job or enjoy the benefits of employment, it may be an unlawful failure to accommodate. For more information about your rights regarding accommodations, see the Center’s guide, â€Å"The ADA and Reasonable Accommodations. † B. Proving Disability-Related Harassment 1. Introduction The ADA does not include a specific prohibition against harassment. Most courts looking at this issue have decided that the ADA prohibits disability-related harassment because of disability because employers must prevent discrimination in the terms and conditions of employment.This means employers must prevent a hostile workplace. 2. Elements of a Claim To prove unlawful harassment under the ADA, you must be able to prove the fol lowing: †¢ you work or formerly worked for a covered employer; †¢ you are a person with a disability; with a record of a disability; or are regarded as disabled; †¢ you are or were qualified to perform your job; †¢ you faced a hostile work environment; and †¢ you were harassed by a co-worker or a third party and your employer knew or should have known about the harassment.George’s co-workers suspect he is HIV-positive because he is gay. They spray painted his locker with the words â€Å"God’s punishment† and hung plastic gloves around the office for people to use to avoid physical contact with George. George does not have HIV but he is still protected under the ADA from disability-related harassment, as he is â€Å"regarded† as a person with a disability. 3. Harassment The harassment is so severe that it changes the conditions of your employment and creates an abusive working environment or results in a tangible employment action. The conditions of your employment must change when someone harasses you because of your disability. The conditions of your employment may change because the workplace is hostile or because of an â€Å"employment action. † Either change may support a claim of harassment under the ADA. 4 Hostile Work Environment. A disability-based harassment claim under the ADA means that your workplace is so full of discriminatory intimidation, ridicule and insult toward you that it has become an abusive place to work. These claims are called â€Å"hostile work environment† claims. The ADA does not rohibit simple teasing, offhand comments and isolated incidents. To decide if the harassment is â€Å"severe† or â€Å"pervasive† enough to create a hostile work environment, courts look at: †¢ †¢ †¢ †¢ whether the discriminatory conduct has happened only once or many times; how bad the treatment is; whether it is physically threatening or humiliating; and w hether it unreasonably interferes with your ability to work. Occasional hurtful remarks by co-workers will not usually be severe enough for a successful ADA claim, unless the occasional treatment develops into a pattern of abusive treatment.Even if some co-workers refuse to talk or associate with a disabled individual, it may not be enough to support an ADA claim for harassment because courts recognize that employers cannot force employees to get along with each and every other employee. Juanita is deaf. Her co-workers ignore her and don’t try to learn any signs so she can talk to them on breaks or at lunch. It is a simple fact that in a workplace, some workers will not get along with each other. A court will usually not find â€Å"cold shouldering† enough for an ADA claim.However, in another example, Juanita’s co-workers tease her by moving their fingers at her as though they were using sign language. The co-workers pretend they are talking to her by making mou th movements just to confuse her. She is called â€Å"deaf and dumb† by people at work. Neither her co-workers or supervisor will write notes to her about important things she needs to know at work. Juanita may have a claim for disability harassment and failure to accommodate by writing notes. Generally, one instance of harassment will not amount to discriminatory changes in the â€Å"terms and conditions of employment. However, even a one-time event may be severe enough to create a hostile work environment. The standard a court uses to decide if conduct is unlawful is whether a reasonable person would find the action offensive. 5 Because of a disability, Alberto needs to use two crutches with wrist straps in order to walk. He works evening shifts as a telephone solicitor. Alberto usually sets his crutches beside his desk while he is working. One night, two co-workers decided to pull a prank on Alberto. They took his crutches nd hid them. They told the other workers what the y were up to, including the assistant manager, who was in charge of the night shift. Then they pulled the fire alarm. Alberto heard the fire alarm and looked for his crutches so that he could exit the building. His crutches were gone and he did not know the alarm was a prank. The other employees acted like they were leaving the building and exited the floor. They left him alone for 30 minutes. When he tried to crawl to the exit, they came back and laughed at him.Even though this only happened once, Alberto most likely has a claim for disability-related harassment because this conduct was so severe any reasonable person would find it offensive. Tangible Employment Action. The conditions of your employment will also change when the harassment results in an â€Å"employment action. † Harassment that results in a tangible employment action will be enough to show severe harassment. A â€Å"tangible employment action† means an important change in your employment status, not just a minor change.It usually causes you direct economic harm, and most of the time can only be caused by a supervisor or a person acting with the authority of the company. Examples of tangible employment actions may include: T firing; T failure to promote; T demotion; T a reassignment that you did not want; T a significant change in your benefits; T a decrease in your pay; T a negative change in your work assignment; T a dramatic increase in your workload; T reassignment to a position that reduces earning capacity; T reduction in hours; T refusal to grant reasonable leave requests.Javier has a severe type of diabetes. He needs to take insulin at certain times and sometimes needs to eat small snacks. He asked his supervisor for an accommodation of a 15 minute break every two hours. Shortly after the supervisor found out about Javier’s disability, she reassigned him to a different department. If Javier’s salary and benefits are the same, and the supervisor only reassig ned him because the other department already has 15 minute breaks every two hours, that probably would not be an ADA violation.However, if the supervisor told Javier that she was reassigning him because she was personally bothered by needles and did not want him taking shots in her department, that would be a tangible employment action and Javier would have a claim of disability-related harassment under the ADA. 6 The mere threat of an employment action is not enough to support an ADA claim. The harassment must be unwelcome. Jaime is deaf. He works at a department store in the shipping and receiving department. Jaime and his supervisor Erin have a professional relationship.On a frequent basis, Erin makes uninvited and offensive remarks about deaf people. Jaime has been subject to unwelcome harassment. Aheem is blind. He works at a restaurant as a cashier. Aheem and his co-worker Brian, who is overweight, are constantly making fun of each other’s conditions in a good natured w ay. One day while they are teasing each other, Brian makes a joke about blind people. Because of the nature of their relationship, Aheem has probably not been subject to unwelcome harassment.The harassment must be based on your disability, your association with a person with a disability or your request for an accommodation. The person who is harassing you must be doing it because of your disability or your need for an accommodation. It is not enough that they harass you because they do not like you or because they harass everyone. Maria is a person who has cerebral palsy. She works for a local fast food restaurant. The assistant manager is named Fred. Fred yells at Maria and the other employees frequently. Sometimes he curses.He says things like: â€Å"Hurry the ____ up! † and â€Å"What the ____ is taking you so long? † Even though most people would agree that Fred should not talk to the employees that way, unfortunately Maria will probably not have an ADA claim if t he evidence shows that Fred uses abusive language with many employees, not just Maria, and that he acts no more harshly toward Maria than he does to anyone else. This is probably not harassment that violates the ADA. However, if Fred only yells and curses at Maria and not at other employees, alls Maria offensive names like â€Å"Spaz† and â€Å"Retard†, and treats her differently than other employees, this may be harassment that violates the ADA. 7 C. The Rules About Employer Liability For Disability-Related Harassment 1. Introduction. Employers are generally responsible to provide a work place that is free of serious offenses and abuse that are based on a person’s disability. For example, employers should not permit a work place where a worker who is mentally retarded is called â€Å"retard,† is not allowed to eat with co-workers, or is subjected to co-workers’ offensive mimicking.Owners of a company, supervisors, managers, co-workers and third pa rties, such as customers, can speak or take action that creates a hostile work place. An employer is responsible for the workplace no matter who causes the hostile environment, but the courts understand that employers may not know about the harassment unless it is reported. Courts have created different rules about harassment, depending on who does the harassing. Below is a chart with examples. If the harasser is a(n): then the employer is liable for Unless the employer can show the harassment when that Owner, manager, stockholder, the harassment occurs.CEO, or president Supervisor the harassment occurs and results in a negative employment action. the harassment occurs and causes a hostile working environment Supervisor Co-worker the employer knew or should have known about the discrimination. the employer knew or should have known about the discrimination it took reasonable steps to prevent and to quickly stop harassing behavior and the employee unreasonably failed to take advantag e of the employer’s efforts to prevent or stop the harassing conduct or to avoid harm. t took immediate and appropriate corrective action. Non-employees (e. g. , customer, student, sales personnel) it took immediate and appropriate corrective action. 8 2. Owner Harassment Companies are made up of people. Some people, such as owners, CEOs, directors, and stockholders â€Å"are† the company. When people who are the company harass, the company is automatically liable for the harassment. Albert & Sons owns a restaurant that employs 40 part- and full-time employees. J. E. Albert, one of the owners, is also the restaurant manager.Lydia has worked as the Director of Catering for the restaurant for 8 years. However, she develops breast cancer and must have a mastectomy and chemotherapy. When she returns to work on a half-time basis, J. E. Albert makes numerous offensive remarks including â€Å"She’s not a real woman anymore† and speculates out loud whether  "can she satisfy her husband. † He leaves photos of well-endowed women on her desk and bulletin board. He does this frequently and over many months. It is not necessary that Lydia reported the harassment because the harasser is a co-owner. . Supervisor Harassment Because a supervisor is given direct authority over an employee, the employer is responsible under the ADA for harassment by that supervisor. An individual is an employee's supervisor if he or she: a) has the power to make or recommend employment decisions affecting the employee, and b) directs the employee’s daily work activities. Whether a harasser is a supervisor is determined by his or her job function, not his/her job title. Jim, an individual living with HIV, works in a â€Å"team† environment.His â€Å"team leader† has made several derogatory comments about Jim's illness and has even gone so far as to say that it is not worth making the effort to promote Jim. The team leader makes recommend ations regarding promotions. In this situation, the team leader is a supervisor. An employer is always liable for harassment by a supervisor if that harassment results in some sort of employment action (e. g. , firing, change in work assignment, reduction in pay or hours, etc. ) This is because an employer is responsible for the acts of its supervisors; and employers should be encouraged to prevent harassment.However, even if an employment action does not result from the harassment, an employer may be liable if the harassment creates a hostile work environment. The employer will be liable for a hostile work environment created by a supervisor unless the employer can show that: (1) it took reasonable steps to prevent and stop harassment, and (2) the employee unreasonably failed to use the employer’s steps to correct or prevent the harassment. 9 Bette supervises the nursing assistants at a nursing home. One day she sees Joe, a nursing assistant, take some medication with his lu nch.She asks him what type of medication he is taking, and he voluntarily tells her he is taking prescribed medicine to treat his bipolar condition. From that day on, Bette treats Joe badly. She calls him â€Å"crazy,† â€Å"looney,† and a â€Å"nutcase† in front of patients and staff. When things get busy at work, she asks if he is â€Å"going to crack under the pressure. † On breaks, she asks him if â€Å"he has ever had shock treatment† or â€Å"tried to off himself. † She also tells other workers she hopes he will just quit before he screws up.The nursing home is liable for Bette’s harassment unless the nursing home can show they had a complaint procedure and would have promptly stopped Bette’s harassment, but Joe unreasonably refused to complain. 4. Co-Worker Harassment An employer is liable for a co-worker’s harassing conduct if it knew or should have known of the co-worker's misconduct, unless it can show it took immediate and appropriate corrective action. Ingrid is deaf. Her co-workers often mimic her, force her to speak, and make derogatory comments about her deafness.Her work environment has become a hostile one. This situation has continued for approximately 6 months at the same level of â€Å"hostility†. Ingrid mentioned the problem several times to her shift supervisor. Ingrid's supervisor is aware of this situation and should have taken some sort of corrective action (possibly sensitivity training and discipline of offending employee), but it has not happened. Her employer is liable for the harassment by her co-workers because it has not taken any steps to correct the action. Sara is a sous chef at a restaurant.She took some medical leave for a hospitalization related to suicidal tendencies due to severe depression. When she returned to work, a small group of her co-workers had learned about the reason for her leave and began taunting her. One day, all the knives at her work s tation were hidden and a note was left that no one wanted her to hurt herself. Another instance involved a bottle of candy pills that were left spilled all over her purse. Sara reported it but the management did not investigate or take any steps to correct it. The employer is liable for the harassment. . Non-Employee Harassment An employer is liable for a non-employee’s harassing conduct if it knew or should have known of the non-employee’s misconduct, unless it can show it took immediate and appropriate corrective action. In most places of employment, there are other people who enter a workplace or are part of a workplace who are not employees. For example, a store, movie theater, restaurant or gallery will have patrons and customers. Also places of employment may have 10 independent contractors who work at the facility.For example, a hospital may employ nurses, nurses aides, medical clerks and therapists, but the doctors are independent contractors and not employees. To become responsible for the non-employee’s harassing conduct, the employer must know about it. This is because it is more difficult for an employer to be aware of all of the day-to-day events at a workplace, particularly when they involve non-employees. Jarod teaches 7th-8th graders language arts/history at a private school. The students come to believe that Jarod is gay and jump to the conclusion that he is HIV positive or has AIDS.The students spray paint offensive references to HIV in the men’s bathroom. The school did not repaint the wall for over a month and did not investigate the students believed to be involved. The school will likely be liable for the harassment caused by the students. D. Duty to Employees to Avoid or Limit Harm In general, an employee facing harassment from a supervisor (not an owner) has a duty of reasonable care. This means that as an employee, you must use all available means of prevention provided by the employer to avoid harm.Failure to do this could result in the employer escaping its legal liability or possibly being required to pay less money if there is a judgment against it. As an employee, you must be aware of the opportunities made available by your employer to employees (such as a grievance procedure) to report problems and use them if faced with workplace harassment. However, there are certain situations in which failure to use the procedures might be considered reasonable. For example, if the employee reasonably believes that: the employer does not have a complaint system that has been given out r made available to employees; Julie is a full-time cashier in a major department store. She is hard of hearing and requires the use of a hearing aid. After a month, Julie is periodically bothered by fellow employees, who poke fun at her and use her hearing impairment as a subject for their jokes and harassment. Julie wants to approach her supervisor about the situation, but is unaware of any avenues for her ha rassment complaint. As a new employee, she has not been made aware of any complaint system.There is nothing posted in the employee’s lounge or in the materials given to her by her employer. Julie’s employer has a duty to make all employees aware of the existence of a complaint system. In this instance, Julie’s failure to make a complaint would probably be reasonable. a risk of retaliation exists for those who use the complaint process; 11 Sophie is faced with harassment. She wants to file a complaint with her supervisor. However, the supervisor and the harasser are close friends. Sophie is concerned that her complaint will not be given the proper attention.The procedure does not offer any exceptions for making a complaint to someone other than a supervisor. She does not file a complaint, and the situation continues. In this case, Sophie may have acted reasonably by not filing a complaint. obstacles to complaints were present; James is autistic and cannot read or write. He works as a dishwasher. The cooks and other dishwashers make fun of him. He wants to complain and tells his supervisor about the problem. His supervisor tells him he will only accept a formal written complaint and does not offer to help him write his complaint.James has not failed to take reasonable steps. the process for complaints was ineffective. Shop-Mart has a written harassment policy that is available on-line. All new employees are provided training about the complaint procedures. Anyone can come to the training room to look at the policy on-line. Jerry wants to complain about customers who taunt him and treat him badly because he is an amputee, but his store manager has a well-deserved reputation for never checking into complaints and telling people to work it out for themselves.Also, several of Jerry’s co-workers were marked poorly on their evaluation for not getting along with others after they made a complaint of harassment. Jerry is probably acting reaso nably when he does not use these procedures. Generally, it is better to put your complaint in writing so that you can later prove that you did let your employer know about the harassment by a co-worker, supervisor, or non-employee. You should also send a copy of your complaint to the owner or director of the company.However, at times there may be other reasons you might be justified in not making a complaint. For advice, call the ADA Employment Advice Line or a private attorney. E. Employer’s Responsibility to Prevent/Stop Harassment An employer has a duty to act reasonably to prevent and correct any harassment. The most effective way of exercising this duty is through an effective complaint procedure provided to all the employees in the workplace.If written and used properly by the employee, the employer can, in some cases, discourage harassment before it takes place and, in other cases, address it immediately to limit the harm. To meet its duty, an employer should establish , publicize, and enforce anti-harassment policies and complaint procedures. It is the EEOC’s position that all policies should be clearly 12 understandable and accessible to all employees in the workplace. In addition, an employer should provide extra training focusing on harassment so that all employees will be made aware of these policies.The EEOC advises that an employer’s complaint procedure should: provide a clear explanation of conduct that is against the law; assure employees who make complaints of harassment or provide information related to such complaints that they will be protected against retaliation; describe a complaint process that provides accessible avenues to make a complaint; be flexible about the format of the complaint; assure that the employer will protect the confidentiality of harassment complaints to the extent possible; make accommodations in the complaint process as needed for people with disabilities (e. . , large print policy for visually i mpaired employee; an interpreter to interview an employee who is deaf and complaining about harassment; provide a prompt, thorough, and impartial investigation; and assure that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred. The policy should focus on the prevention of harassment. An effective policy of antiharassment provides employees with protection so that they may avoid potential harassment before it happens.The complaint procedure should also encourage employees to report instances of harassment. It should be set up to prevent employees from being intimidated by reporting these incidents. One effective method to avoid intimidation is to have employees report complaints to other employees who are outside of the direct line of command. An employee will be more willing to report harassment if he/she does not have to go through a â€Å"higher-up† who was directly involved in the incident.The policy should a lso contain information on important dates and deadlines for filing a complaint with the EEOC. Even if your employer does not have a harassment policy, you should report harassment by a co-worker, supervisor or third party to your employer. F. Steps to Take If Your Employer Does Not Take Appropriate Action Practical Tips to Help You Deal with Harassment check any materials you were given as an employee or that are available to all employees (e. g. , internet site) to see if there is a procedure for reporting discrimination and harassment to your employer; 13 f there is no procedure for reporting complaints, see if there is a procedure for reporting any problems and use it; keep a journal of what has been done to you, by whom, when, how often, where and how this affected your ability to do your job; be specific about the harassment that occurred; even if you are not sure whether the misconduct is offensive enough to be unlawful ADA harassment, you can still report it. It gives your e mployer a chance to stop offensive conduct before it becomes unlawful. alk with a trustworthy friend or a hotline for support†¦problems at work can be hard to live through, and sometimes it can seem like you're imagining things; if you are not afraid of the harasser, talk to the offender and tell them the behavior is offensive and keep notes of this conversation (and date them); talk to your supervisor or another person in authority and tell them what's happening; put your complaint in writing; use the ‘legal' words defined and explained in this guide so your employer will have a clear idea of what you are requesting; and send a copy of the complaint to the management or owner of the company.Keep in mind that in most cases of harassment (except by owner, CEO, director, etc. ), the employer is not liable unless he/she knew or should have known about the harassment. This means that in general it is a good idea for employees to report the harassment to the company. If there is a complaint procedure for reporting harassment, you should use the procedure to notify the company. Get Legal AdviceOne way to get brief legal advice is to call the Arizona Center for Disability Law at 1800-927-2260 (toll-free statewide) or at (602) 274-6287 in the Phoenix area, to an experienced advocate or attorney who can provide you with information about the protections of the ADA. If you want more information, you may request copies of the Center’s self-advocacy guides about the employment protections of the ADA and sign up for a free legal training in Tucson or Phoenix. Information about the guides and training is available at www. zdisabilitylaw. org. The Center can also provide you with lists of attorneys who practice employment law in Tucson and Phoenix. File a Charge of Discrimination You can also file a charge of discrimination with the U. S. Equal Employment Opportunity Commission (EEOC). â€Å"Charges† are complaints of discrimination. You can do it im mediately or wait until you have first complained to your employer. The EEOC will investigate your charge and determine whether there is reasonable cause to believe 14 discrimination has occurred.It will then issue a right to sue letter in all cases (except for the few selected cases in which it will file a lawsuit). In Arizona, the Civil Rights Division of the Arizona Attorney General's Office (ACRD) will also take your charge. You do not have to pay to file a charge with these offices. You can call (800) 669-4800 (voice) or (800) 669-4820 (TTY) for the EEOC or (520) 628-6500 for the ACRD in Southern Arizona. You must file a charge with the EEOC or the ACRD to be allowed to bring a lawsuit for employment discrimination based on disability.You have 180 days to file a charge under state law and up to 300 days to file under federal law. For more complete information about filing a charge, please see the Center's guide â€Å"How to Enforce Employment Rights under the Americans with Di sabilities Act. † Before you go to the EEOC or ACRD, please read the guide. G. Introduction to the Americans with Disabilities (ADA) and this Guide 1. What Does the ADA Cover? On July 26, 1990, the ADA was passed by Congress. The ADA provides major civil rights protection to individuals with disabilities.The intent of this federal law is to reduce barriers to persons with disabilities and provide equal opportunity in employment, public accommodations, public services, transportation, and telecommunications. The various titles of the ADA affect many aspects of the lives of people with disabilities. †¢ Title I makes it unlawful to discriminate against qualified people with disabilities in employment. †¢ Title II makes it unlawful for state and local governments and their agencies to discriminate in programs and services, including public transportation. Title III prohibits discrimination in access and enjoyment of public accommodation and commercial facilities, such as hotels, motels, restaurants, professional offices, doctor’s offices, lawyer’s offices, convention centers, stores, banks, museums, parks, schools, and recreation facilities. Title IV requires accessibility of telecommunication services to hearing impaired persons and other individuals with disabilities. Title V provides for recovery of legal fees and establishes a mechanism for technical assistance.Additionally, Title V includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA. †¢ †¢ 15 2. How Does the Arizona Center for Disability Law Assist People with Disabilities? If you believe you have been discriminated against on the basis of a disability in employment or access to public services, public accommodations, public transportation or telecommunication services, staff at the Arizona Center for Disability Law can prov ide you with information about the ADA and enforcing your rights under the ADA.The Arizona Center for Disability Law is a non-profit, public interest law firm providing fee advocacy, information and referral services, legal research, community legal education, and, in selected cases, legal representation to individuals with disabilities and advocacy organizations throughout Arizona. The Center is the designated protection and advocacy (P&A) system providing services for Arizonans with a wide range of physical and mental disabilities. Assistance is provided for disability-related issues in established priority areas. Information about the eligibility requirements and priorities are available from the Center upon request.Assistance is provided according to program eligibility requirements, priorities and staff availability. This Guide is Not a Substitute for Legal Advice! The Arizona Center for Disability Law recommends that persons obtain professional legal advice to resolve a legal dispute regarding discrimination on the basis of a disability. This guide is not a substitute for legal advice. This guide is meant to provide people with disabilities with information and examples about employment protections under the ADA. The information in this guide is based in part on court cases interpreting the ADA.Courts in the various parts of the country interpret the ADA differently. Not all of this information may be true for people living outside of Arizona. 3. Why Does the ADA Include Employment Protections? Oftentimes, people with disabilities do not have an equal opportunity to work or advance in their employment. People with disabilities are often restricted in employment opportunities by many different kinds of barriers. Some face physical barriers that either make it difficult or impossible to get into and around a workplace or to use work equipment at the site.Some are excluded because they communicate differently than their co-workers. Still others are excluded because of rigid work schedules which do not permit flexibility for people with special needs because of a disability. In other cases, people are not denied opportunities because of actual barriers, but because of prejudice. These are the barriers in other people's minds: fears, stereotypes, presumptions and misconceptions about job performance, safety, absenteeism, costs or lack of acceptance by coworkers and customers. 16Congress enacted the ADA to eliminate these barriers to equal opportunity in employment. The ADA makes it unlawful for an employer covered by the law to discriminate against applicants and employees with disabilities. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing this law. People with disabilities also have the right to bring private lawsuits against employers who discriminate against them if they first file a charge of discrimination with the EEOC within the time limits set out by the ADA.See the Center's guide, Ho w to Enforce Your Employment Rights Under the ADA, for more information about how to file a charge. However, the U. S. Supreme Court recently ruled that private individuals may not sue state employers for money damages under the ADA. Individuals may still file charges of discrimination with the EEOC against their state employer for other relief, such as court orders to stop discrimination. The U. S. Government can still file lawsuits against states for violating the ADA.The list of guides available through the Center about employment rights under the ADA include: O An Overview of the Employment Protections of the Americans with Disabilities Act (ADA) The ADA and the Job Applicant The ADA and Reasonable Accommodations The ADA and Drug Testing How to Enforce Employment Rights Under the ADA The ADA and Medical Examinations The ADA and Confidentiality of Medical Information Taking Action–How to File a Charge When You’ve Been Treated Unfairly by an Employee Because You Have a Disability How to Ask Your Employer for an Accommodation That You Need Have you been Treated Unfairly at Work?O O O O O O O O O 4. When Do the ADA Employment Protections Apply? The ADA does not cover every employment situation between an applicant and an employer or an employee and an employer. For the ADA to apply to an employment arrangement, each of the following has to be true: †¢ the employer is covered by the ADA; †¢ the employee or applicant has a disability according to the ADA; †¢ the employee or applicant is qualified to perform the job; and †¢ the employer discriminates against an applicant or employee on the basis of disability. 17For more information about each of these requirements, see the guide, An Overview of the Employment Protections of the ADA. 5. What Employers are Covered by the ADA? The ADA applies to private employers with 15 or more employees. †¢ Includes employment agencies and labor unions. †¢ Includes a location or facilit y of a business with less than 15 employees whose total number of employees for the company in all locations and facilities combined equal 15 or more. Other laws may apply to persons with disabilities who are employed by smaller businesses.For more information, contact the Arizona Center for Disability Law or a private attorney. †¢ The ADA applies to state and local governments. Includes all state and local governmental agencies, departments and entities regardless of their size or number of employees. Although the ADA applies to state employers, the U. S. Supreme Court recently ruled that employees (and applicants) can not sue state employers in court for money damages. Individuals can still file charges of discrimination with the EEOC against their state employer. Individuals can still sue to require state employers to take action or stop discriminatory action.The U. S. Government can still file lawsuits against state employers under the ADA. Examples of state and local emplo yers include: public schools, public universities, police and fire departments, public libraries, museums, public parks and recreation facilities, and social welfare offices. The ADA does NOT apply to the federal government. The ADA does apply to employees of the U. S. Senate. However, generally if a person with a disability works or applies for a job with the federal government, a federal agency, or a fully owned U. S. Government corporation, then the ADA does not apply.However, the Rehabilitation Act of 1973 is another anti-discrimination law that offers employment protections. For more information about that law, contact the Arizona Center for Disability Law or an EEO officer of the federal agency where you work or a private attorney. Title I (Employment) of the ADA does NOT apply to Indian Tribes. Tribes may have their own affirmative action or anti-discrimination laws which may address discrimination on the basis of disability. Some tribes have adopted tribal laws or entered in to agreements to abide by federal discrimination laws similar to the ADA. 18 †¢