The Americans with Disabilities Act is now less stringent in the naming of the disabled than in the old version due to an overturning by the Supreme Court. This change in the act which “the EOCC did not issue its new accommodations until May 20, 2011”, has left employers unclear about the changes in what a disabled employee is, and how we as an employer accommodate them. The only time it is legal to not accommodate a disabled employee is if “the accommodation would impose an undue hardship on the operator of the business.” But of course if that is the case what is “undue hardship”? In legal context that means, “the employer must show it will suffer significant difficulty or expense, either in finance or administrative difficulties”. Due to this change employers must be very careful to effectively accommodate disabilities now that the legal definition of disability has expanded. (Ackermann)
The internet is a very fast gateway to information which has become very helpful and very competitive. Thankfully, the FCC has finally published some well over-due guidelines for internet trafficking . These “net neutrality” rules will go into effect Nov. 20. These Rules include:
- “First, transparency: fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and commercial terms of their broadband services,”
- “Second, no blocking: fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful websites, or block applications that compete with their voice or video telephony services.
- “Third, no unreasonable discrimination: fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.” (Vorro)
In retrospect these new changes to the law books are going to one change how businesses accommodate employees with disabilities and two provide everyone access to all information the internet has to offer. This will be either a real good progressive step in how businesses are ran or lawsuits waiting to happen. I think we can clearly see broadband companies will be in the courtroom very soon and employees will be in the courtroom complaining they weren’t given proper accommodations. That being said it is up to the business to be aware and understanding of the new rules.
- Ackermann, Sara. "Labor: 7 Questions about the New ADAAA Regulations." InsideCounsel Sept. 2011. InsideCounsel. Summit Business Media, 26 Sept. 2011. Web. <http://www.insidecounsel.com/2011/09/26/labor-7-questions-about-the-new-adaaa-regulations>.
- Vorro, Alex. "Net Neutrality Rules Finally Published." InsideCounsel Sept. 2011. InsideCounsel. Summit Business Media, 26 Sept. 2011. Web. <http://www.insidecounsel.com/2011/09/26/net-neutrality-rules-finally-published>.