Backoffice Compliance Case

The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.

People with disabilities suffer discrimination such as the refuse of companies to hire those peoples. An estimated 386 million of the world’s working-age persons have some kind of disability, according to ILO. In a recent research, they found that two-third of the unemployed and disable persons said that they would like to work but they could not find jobs.

“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity

My reason for saying that is there is really no indication as to how qualified the applicant was for the actual job. A question that immediately came in to my mind was if the applicant was a good fit for the job? If she did not need the modifications in the office would she be hired? Were there more qualified applicants? I know this scenario was put in place to display and make us students analyze the Americans with Disabilities Act of 1990 but personally just because you have a disability does not mean you should be granted a job and vice versa. Honestly this is a very broad scenario that focuses on the handicap and not the actual talents of the person.

Individuals with disabilities continually encounter various forms of discrimination, including intentional exclusion from certain work areas, that denies them the opportunity to compete on an equal basis and to pursue those opportunities that guarantees success in the society. To guarantee success there is expectation regarding the relationship between the employer and employee, giving close attention to the various factors that should be considered to make the person with disability successful. This paper outlines the Americans with Disabilities Act (ADA) and the terms and conditions covering employees and employers as stated in Title 1. Title 1, as amended by the ADA amendment 2008, states that no covered entity will discriminate against a qualified individual based on disability (EEOC, 2015).

According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.

The Consumer Financial Protection Bureau (“CFPB”) is tasked with writing and enforcing rules for financial entities to protect consumers from unfair, deceptive or otherwise harmful practices by such entities. A major area of focus for the CFPB is a robust and effective oversight of a financial institution’s third-party providers (vendors) to ensure consumers are not exposed to unnecessary risk of financial or personal harm.

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

Employers should focus on all aspects of the purpose of a disability management program to ensure its effectiveness; such as, a people focused climate, prevention, early intervention, work accommodation, return to work case management and coordination, proper education of management regarding the disability management program, and an integrated claims management monitoring system. (Management of Occupational Health and Safety, 2011, 331-337) A company should also ensure that they are promoting a safe work environment and also keep all stakeholders active in the management of the program.

The article “Providing Work Opportunities for People with Disabilities Benefits Economy and Society” was published on

In a study, when recruiters were asked to choose a suitability applicant for employment in a hypothetical administrative assistant position. They ended up giving less employability rating to applicants with a disability compared to the one without disability. This clearly shows stereotyping in few work places. (Bricout, John C., and Kia J. Bentley.).

    A person with a disability, or handicap, can be defined as someone with a physical or mental impairment, which has a substantial or long-term adverse affect on his or her ability to carry out normal day-to-day activities (Employment 2). Handicap workers face many challenges in the work place that the average person overlooks. Also, many special arrangements and alterations have been made to the workplace for people with handicaps. Accessibility, transportation, workload, and salary are just some of the many issues that must be considered with the prospect of employing the handicap.

be protected by the A.D.A. this person must have a long standing record of this

Under Title I of the Americans with Disabilities Act, employers with fifteen or more employees are prohibited from discriminating against people with disabilities. Furthermore, the employment provisions of the Act require that employers provide equal opportunity in selecting, testing, and hiring qualified applicants with disabilities, job accommodations for applicants and workers with disabilities when such would not impose due hardship, and equal opportunity in promotion and benefits. (United States Department of Labor). If an employer is found liable for such discrimination, the fines can be extremely high. Therefore, it is important to know the definition of disability as determined by the ADA. A disability is a physical or mental impairment that essentially limits one or more of the major life activities of an individual, a record of having such impairment, or being regarded as having such impairment (Bennett-Alexander and Hartman) and the individual should be able to prove such factors to establish a prima facie case in court. Despite of these definitions, a disability is determined based on the effect the impairment

Describe whether the CFPB has the authority to create regulations that would restrict BackOffice’s transactions.