Will the Americans with disabilities act amendments act be abused in the US Workplace?

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Name Professor Course Date Will the Americans with Disabilities Act Amendments Act be abused in the US Workplace? The revision of the ADA (ADAAA), and in reference to various cases described by Mastroianni, Goldberg, and Trapp (2-5), it is clear that employers should not use disability as a reason to disregard the qualifications of an individual for a particular position. Whereas this is the case, the employer can violate this law on various grounds. First, an employer can justify that his or her organization does not have the capacity to provide accommodation for the impairment. Therefore, employers have the right to deny accommodation if it causes them undue hardship. If the employer can show this undue hardship, then he or she is not obliged to employ an individual with a disability. There has been this notion that limited eyesight or hearing loss is a disability, but if the employer can prove that this impairment does not limit an individual from fulfilling the major life activities, there is no need to provide accommodation and especially in the event that a mitigation measure is already in place. For example, in the event that hearing aids or prosthetic limbs prevail. In order for one to be considered as having a disability based on the ADAAA, one should have an “impairment that is substantially limiting” (The U.S. Equal Employment Opportunity Commission par. 3). Additionally, if the employer proves that a mitigation measure is in place, then disability is out of the question. Fourthly, if an employer provides “accommodation but the individual is still unable to perform his or her duties,” an employer can justify his or her provision to

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