The importance of Customer Relationship Management

The importance of Customer Relationship Management The main of Customer Relationship Management is to gather information or data about the customers. By using the data the customer service is made easy for those dealing with the customers as they have the readily available information needed to solve the issues. If customer is satisfied then the organization can have profitable business and also the support staff have the more resources available . A more data work is needed for the customer relationship management and these data work include the customer name, address, date of transactions, pending and finished transactions, issues and complaints, status of order, shipping and fulfillment dates , account information and many more etc.., The support staff must have the information from the customers as to provide answer to their needs to solve the issues without having to wait in the queue for long time and also to avoid them from going to other departments of the bank. With these customer service representatives will also be able to see customers previous concerns. According to Lynette Ryals; Andrian Paine (2001) with all the information about the customers previous concern the customers with the same issue again will not have to say again the same story all over again. This helps the support staff in taking less time to solve the problem and helps in increasing higher productivity of the support staff. Management success depends on the customer relationship management as it give the customer satisfaction and efficiency of service information by the help desk people at banks. This system also helps the organizations future course of act, whether it involves separating out one of the products in the shelve and the products that are sold. The information provided by the customer relationship management also helps the marketing and advertising people in identifying what ideas work and which do not work. Integration of Customer Relationship Management systems is an important task in achieving successful business profits but its not that easy task to integrate CRM system in banks. Most of the banks fail to integrate the CRM system as they need to share information for it to be effective. These systems also help in business expansion as they can handle huge amount of data which helps in coping with the increased number of customers and their data. By successful installation and implementation of CRM system can be sure that banks business will be successful and their customers are lot more satisfied than before.(Adrian Payne; Pennie Frow 2003) Why Customer Relationship Management is important to the organizations? Some of the reasons are stated below: The main strength of the Customer Relationship management system is that it organizes and collects the information about the customers and with this information the marketing staff can analyze for the future opportunities for example by this system the banks analyze the needs of the based to the customers and whats the customer needs but they arent buying. By available information the marketing staff develops a sales strategy. This includes package of new products and services offering to the customers with some incentives. The other reasons for the importance of Customer Relationship Management System is that each every customer is important to the business but some other customer are more worth than others . By differentiation of sales efforts organizations can produce more profits per sale hour and also they can increase more sales. With the help of CRM tools they can identify the position of department sales are most profitable and which customers are expected to buy them. Customer satisfaction is vital in the CRM systems as customer satisfaction involves two ideas: one is to meet the customer needs and other is to keep the keep the promises or words to the customers. For example if a customer requests for an appointment and request was confirmed with appointment date , then if u deny his appointment on given time then this shows ur respect or value given towards the customer . In this way , CRM is used to make sure that the organization is meeting the customer needs as fully as possible. Professional handling of after sale contacts such as service calls , resolving customer issues or helping the customer to choose the right product. Last but not the least is CRM system helps the organization sales and customer support representatives to work in smarter way because it provides the improved information about the customers at their finger tips which helps in maximizing the revenue of the organization. 2.7 :Purpose Of Online Banking: With the banking experiences all the banks has entered the online bank market with them traditional banks have also been moving to Internet banking(Geralch, 2000) , there is a wide acceptance that future retail banking will be influenced by electronic transactions( Jhonson et al.,1995; Graham,1997; Treanor, 1997). With the estimation there would be 60% of retail banking transactions will be online in the next ten years time( Barwise, 1997), These estimation can also be increased now a days as some internet banks have no branch offices; which they can reduce costs of operating and fixed costs by having replaced staffs and physical facilities with Information Technology (IT). These facilities or services gave the internet banks to offer lower or no fee services and also offering higher interest rates on saving accounts than to the traditional banks (Geralch, 2000). 2.9 Different e-CRM models in Online Banking: There are different eCRM models implemented by different banks in order to have relationships benefits with the customers and to gain loyalty, customer lifetime value for the banks. One of the models for e-CRM is one-to-one relationship collecting the data about the individual customer and trying to offer them the products closer to individual need. Transparent Marketing: In this the company involves in giving the individual customer as much control of the offer as possible to customer. Classic CRM: here the customer data is grouped as to be managed in a limited number of segments with giving different offers to each segment. Personalized communications and targeting: here the offer is similar to each individual customer but there is a light difference in their movements towards specific individual customer. 2.9.10 Benefits of e-CRM to Banks and Customers: e-CRM e- CRM benefits to customers Customers Interaction and Satisfaction Convenience to the customers Transaction processing speed through e- response Quality service e-CRM benefits to Banks Better relationship with the customers Using e-mail as communication channel Personalized or one to one services Using internet and websites to market their products Transaction security is benefited 3. Research Methodology 3.1 Introduction: In this chapter the main purpose is to look at the research methodology implemented by the researcher in this dissertation in order to collect data which will lead to successful literature review and to approach the theory by drawing conclusions from articles, theories and along with these some questionnaires that will lead to aim and objectives of the project. This chapter also gives some specific reasons why a research methodology has been used and it also shows how it helped to structure the content of this dissertation from a theoretical and also practical point of view. Primary and secondary data research may not be taken into consideration sometimes as it may not answer all the research questions the researcher wants to find out. This is because the information available may be out of date or it cannot relate the certain company or organization. But to answer the research question the researcher approaches primary research methods to find relevant information of the theory. 3.1.1: Research Plan and Objectives: The primary aim of the researcher is to examine and find the significance of electronic customer relationship management in online banking. Based on the case study and the questionnaire response the research questions can be examined and results can be obtained. 3.1.2: Designing the questionnaires: According to Saunders (2007) in order to do a flexible test the data collected from questionnaire and the reaction taken towards the data collected has a great extent, the researcher follows the Saunders statements as to design perfect data analysis a proper questionnaire must be designed. For a perfect data to compose one need a proper question and also data extracted from the questionnaire response will give proper data analysis. These data should be composed constantly. 3.1.3: Ethical issues of gathering data: As per Saunders (2007) variety of ethical issues are related with collected information, these ethical issues are dependent on the gathered data of both the qualitative or quantitative data. It is equally important that there should be a connection between the research problem, data collection and the analysis of the data. 3.1.4: Privacy and Anonymity: As per Saunders et al., (2007) privacy and anonymity are important to both organization or in person as it plays vital role in purchase access and meeting orders of an organization. According to Easter by -Smith in 2002 privacy and anonymity help in implication as research advancements for both the primary data collection and interviews. 3.1.5: Ethical issues: According to Saunders et al., most of the business studies and its research will always associate and maintain from the case of an organization which always guides to a series of ethical issues in a periodic manner. The researcher gets a contribution from the employees and customers of an organization while performing research in an organization or specific sector. With this the researcher can easily and analyzes the data as accurate information or primary data obtained. Researcher/Interviewer The researcher must be clear about the information required and based on that researcher designs a question. Respondent The question is decoded by the respondent in a way the researcher is intended. Researcher/Interviewer Researcher decodes the answer to analyze the data. Respondent Respondent answers or encodes the question Source:http://books.google.com/books?id=DKvOhRaTeXcCprintsec=frontcoverdq=foddy+1994source=blots=MNnxaHHFLWsig=KVEQmF2wgTvf9NJbRoiCw68EXNghl=enei=dq9xTNGSBtCPjAfXwLyoDgsa=Xoi=book_resultct=resultresnum=5ved=0CCcQ6AEwBA#v=onepageq=foddy%201994f=false Mainly types of questionnaires involve the grouping of release and blocked questions. Questions with comprehensible phrasing and also with provisos are probable to be recognizable, and understand by means of, by which the reactants can progress the strength of the questionnaire. From time to time release questions can be referred as open ruined questions (Dill man, 2000), and also reactants give the respond in their personal way (Fink, 1995a). 3.1.6: Data Used: In this research, the researcher has used both the primary and secondary data analysis. The researcher has used both qualitative and quantitative data analysis where both of them are having the potential as well as weak points (Smith, 1975).in this research the researcher has concentrated on both the primary data and the secondary data, In an organization point of view the researcher has taken a case study for the analysis of eCRM in online banking and questionnaire response was takes as primary data research. 3.2: Mechanisms Used: 3.2.1: Questionnaires: The researcher has circulated x number of questionnaires to the bank customers among the students of University of Salford, in which I got x number of responses. And these responses are analyzed for the accurate data required by the researcher. These questionnaires are best explained in the next section. 3.2.2: Data Presentation and Analysis Techniques: The researcher approaches Microsoft Excel for data presentation and presenting the questionnaires to the customers and also to differentiate the questions. Researcher has designed the semi structured graphs with respect to percentage ratios of customers response to the questionnaires. This avoids the confusion with the data analysis and helps researcher to frame and analyze the response data easily. 3.3: What is research question and objectives? 3.3.1: Research question: Whats the significance of eCRM in online banking? 3.3.2: Research Objectives: How eCRM implemented in online banking What benefits customers and banks achieve by eCRM technology in online banking To evaluate the eCRM technology implementation in online banking. 3.4: Research Design: As per Saunders (2007), research plan can be of how well the research questions can be responded and also significantly defining the research question, where it cannot be overstressed much. Research plan also includes the main objectives which are designed from the research questions by identifying where the data is collected from different sources and also considering the constraints as well as ethical issues between design and strategy. 3.4.1: Research Philosophy: According to Saunders (2007), the research philosophy is outlined because it has taken significant assumptions and also it regards the way from where the researcher wishes to vision the world. As per this, the main authority of process is likely to be mainly concentrated on the relationship between understanding the customers and the process on which it has to be improved. There are 3 ways of thinking in the philosophy of research. Axiology Epistemology Ontology(Saunders et al., 2007) Each and every approach differs in a way such that they have their own research procedure and the business situations of management research which are not only compound but also exceptional. (Saunders et al.,, 2007). 3.4.2: The Research Paradigm , design and methodologies: 3.4.3: The research Paradigm: Based on the examination and expressing form of research methodologies, the researcher obtains a qualitative and quantitative methodology of research paradigm. Effective and concentrated data is obtained by the qualitative research and over a specific period of time numeric data is obtained by quantitative analysis in natural settings. Surveys, surveillance, and interviews etc are the data gathering techniques involved in the collection of data. (Maykut et.al, 1998). 3.4.4: Epistemology: Interpretivism can be part of epistemology perspective as it advocates the necessity of the researchers to understand the differences between humans and their role as social actors (Saunders et al, 2007). In this epistemology the researcher must be in an empathetic stance, where the researcher needs to go into the world of their research subjects and from their point of view must be understood. This approach can be considered because it differentiates the subject matter between social sciences and the natural sciences. A different logic research procedure is implemented by Interpretivism as it reflects the distinctiveness of humans as against the natural order. http://www.essayforum.com/essay-writing-feedback-3/qualitative-research-methods-coursework-review-1952/ 3.4.5: Positivism: The research philosophy also produces the main factors of Positivism and this can also approve the philosophical situation of the natural scientists. Where positivism can be favored as working within the reality of social society and Physical and natural scientists produce researchers by the generalizations of end products (Remenyi et al. 1998). Positivism emerged due to the speculative philosophy inability to solve the philosophical problems which have been a raised as a scientific development. 3.4.6: Realism: In Realism scientific analysis is narrated when this is considered as one of the epistemological situations. Showing exactness of the objects that are having continuous self governing of the brain of human can be the exact meaning of Realism. Bringing up the actuality fact in which objects are of self determining of the human is the main history behind realism. The expansion of advance scientific information by realism can be part of epistemology which is related to positivism. (Mark Sanders et al., 2007). 3.4.7: Interpretive: The dissimilarities between the human beings and social performers is recognized by the supporters with the help of interpretive .Interpretive is also considered as a part of epistemology Interpretive is also called as symbolic interactions. Interpretive can be considered as sociological paradigm which differentiates by conducting research between humans and the objects like computers and automobiles. Understanding in an exact way and take action out in agreement is done in dramatic inventions where actors play a major part of role.(Mark Sanders et al., 2007). 3.4.8: Ontology: The philosophical study of nature of being or existence or reality is said to be as Ontology. Greater extension of the epistemological deliberations is considered when they move up the research questions of the supposition that are going to be included and regards of the work and the way the world work. Dedication is supposed to exist in different methodologies. Illustration of the supporters in the middle of business and researchers placed in management are two main features of Ontology. The first and main feature of ontology is about the objectivism.(Mark Saunders et al., 2007) 3.5: Research methodologies: 3.5.1: Qualitative and Quantitative: According to Zikmund (2000) any research should be qualitative or quantitative. Selectivity of approach based on the research objective is considered as quantitative research where as qualitative approach is based on the subjective nature of the research and this is also related to the case studies which are nearly related to the research objective. By conducting proper analysis which includes interviews, questionnaires, feedbacks, e-mails helps in answering the questions like why and how , which is considered as quantitative approach (Miles Huberman, 1994). Research papers and case study analysis are considered as qualitative methods of approach, where the main aim is to receive the information and there by understanding the research problem. From the above discussion it is clear evident that researcher gets the accurate data and also finds flexible to understand the research in particular. Thus quantitative research gives the researcher better idea of studying the objectives of the research rather than just generalizing them. 3.5.2: Research Strategy: Based upon research strategy there are different types such as experiments, surveys, observations, questionnaires and case studies. (Yin, 1994). 3.5.2.1: Experiments: Experiments conducted in any business have good perspective in establishing effective relationships. These experiments help to pick up a variable and allow controlling the other two likewise. Controlling circumstances leads to pick up one or more variable which can be operated to test a hypothesis, but controlling of circumstances is achieved by conducting experiments. (Zikmund, 2000). According to Yin (1994) this research study doesnt suit the experimental research strategy as it doesnt have control over the behavioral events. 3.5.2.2: Case Studies: In these case studies the researcher obtains the data from one or few similar situations in their research area of work. The case study explores the whole organization and this is main advantage of the case studies research strategy. An empirical examination of a definite event within the context of the real world can be considered as case study research strategy (Saunders et al., 2003). This approach also produces solutions to how, why, and what questions (Yin, 1994). In this research the researcher also choose the case study analysis within the organization point of view. 3.5.2.3: Observations: Observation strategy is much used in research by using the written or recorded data (Zikmund, 2000). One of the major advantages of the observation technique is that it records the behavior without relying on the respondents reports. The data collected is discrete and passive where respondents are not involved, it can often be considered as non -reactive. 3.5.2.4: Interviews: Face to face interview or questionnaire sent or formal surveys with structured questions are different types of interviews. (Yin, 1984). The researcher has chosen this method of research strategy such that researcher can analyse all the bank customers responses. The researcher has mainly chosen the survey methods by collecting data from the bank customers with help of questionnaires on the data sheets. Here the survey methods are implemented as this is convenient and inexpensive for the researcher to obtain the accurate data required for finding the results with respect to the literature review discussed. The survey methods can be of different types based on the objective of the organizations, the different sampling methods used in this research by the researcher are offline and online survey methods with questionnaire add to them. Offline survey: Convenience sampling method is one of the easy and inexpensive methods used in this research as it inexpensive, time saving and also it can obtain accurate data without spending much money. These also have the drawbacks but the implementation of convenience compensates other disadvantages. Probability sampling methods are expensive and time consuming when compared to convenience sampling methods and therefore the researcher has chosen convenience sampling method .However, before having the offline survey all the respondents must have following criteria to answer the questionnaire. Must be student of University of Salford. Must be familiar with internet so that they can be able to use internet banking service. The main aim of this offline survey is to obtain results from x number of students from different universities. Researcher also attempts to have survey from both the males and females for obtaining the valid data. For this approach, the researcher approached students of different universities to obtain the results by getting responses to the questionnaires in the data sheets. The time taken for having interview with respondents is less than two minutes to get the response data. The disadvantage of this kind of research method is the researcher can only obtain results to few students from different universities where this data cannot represent all the students of different universities in UK. Thus to overcome this kind of approach the researcher attempted online survey which did not limit the geographical representation of the respondent, which cannot be the negative issue of the research. By comparing these results from both online and offline surveys the researcher has drawn the conclusions. The questionnaire for the offline survey is presented in the appendix. Online survey: In this research the self satisfaction sampling method was used to obtain the results from the students. This method helps the researcher to get the response from different students from different universities in UK. Before this research the respondent must satisfy this criteria: Must be university student (full time) Must know the internet banking to answer the questionnaires. The main aim of the researcher is to obtain results from the students of different universities through the online questionnaire response. The researcher had designed in the questionnaire in http://www.surveygizmo.com/ and sent this online questionnaire to the University of Salford and various university students with the covering message to the respondents regarding the questionnaire response. The questionnaire was advertised on http://www.surveygizmo.com/ to obtain results from different students of different universities where researcher has friends in different universities. The researcher mainly concentrated on University of Salford, University of Manchester, University of Bolton, Liverpool Hope University and also students from different universities in UK through online questionnaire. The research questionnaire is presented in appendix. The questionnaire was sent to different students and out of them X number of responses were received in which only Y number of responses are valid as the customers cannot understand the questionnaire and this data was analysed using the reports from the response of the customers of the banks. Thus the online questionnaire was distributed to different students through university discussion forums or through the university administration network which took less than 10 minutes for the students to answer the questionnaire. The main Problem faced during this research is designing the questionnaire in the online survey website. The other problems are like students responding to only few questions and not to all the questions. 3.6 Ethical issues of Data Collection: There are few ethical issues occurred in this online survey. The online questionnaire doesnt have any personal data rather than the age and gender of the respondents. This is because the researcher attempted to compare results among different age groups among males and females. Here the main ethical issue is that the respondent answers the questionnaire only if that doesnt have any personal data questions such as name, address, mobile number etc. Thus the respondent answers the questions honestly with the belief. Due to fact that personal banking is a sensitive issue for many people, the researcher has mainly concentrated on subject related questions rather than personal data collection such as income, how often do they bank or any other personal questions which could affect the respondents response. |According Saunders et. al., the research should not embrace the population or any other material disadvantage. Here all the necessary precautions are taken to get response from the university students and results are analysed for the conclusion. Here the researcher did not offer any incentives to the respondents in order to get the response from different university students.

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 †¢

Protecting Victims’ Rights

The criminal justice system is designed to prevent crime from occurring, as well as administering justice after a crime is committed. One important aspect of this side of the law is to ensure that victims of crime are well protected and receive fair treatment throughout the process. That is why government and local agencies are required to ensure victims’ rights, from making sure that the accused stays away to notification for every important date concerning the crime. And no single segment of crime victims receives as much protection as female victims of sexual crimes. More than any other group of crime victims, female victims of sexual assault, harassment, and other sexual crimes are the main focus of many local, state, and federal law enforcement measures to ensure the protection of victims’ crime. As the federal level of the justice system offers a vast amount of information regarding the protection of victims’ rights, it serves as the perfect starting point to understanding victims’ rights. The most comprehensive bill that covering victims’ rights is 18 United States Code, Section 3771, which includes eight measures designed to protect victim’s rights. One point of the Bill of Victim’s Rights is that the victim has the right to be reasonably protected from the accused (United States House of Representatives, 2006). This includes every measure that local and government authorities can take to make sure the accused does not cause any further hardship or threaten the victim in any way. Another important part of the victims’ bill of rights is making sure that victims are able to state their case in full, and have the right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding (United States House of Representatives, 2006). Making sure that victims utilize their right to be heard begins initially with the law enforcement agent taking their statement. The purpose of the victim impact statement is to give the victim of the crime the chance to express, in writing, the impact of the crime, including all economic losses, physical or psychological injuries, and significant changes to the victim’s quality of life (Commonwealth of Virginia, 2000). Whatever the victim tells the law enforcement agents about the impact of the crime on his or her life helps determine the types of assistance that a victim may need. For sexual assault victims this aspect of the process is very important, as the crime is often committed with few or no other witnesses. Victims of sexual assault illustrate many of the reasons that victims require such strong protection of their rights. Because of the violent nature of rape and sexual assault, victims are often traumatized far more than other crime victims. Victims of sexual assault and rape are often left frightened and unwilling or unable to pursue the necessary course of justice against their perpetrators. This fear might encourage them to withhold information that may also be embarrassing or painful to bring up, leading to the perpetrator getting away with the crime. As serious crimes, the charges that result from sexual assault and rape are significant and can result in severe penalties for the perpetrator, including long prison sentences. However, despite the seriousness of sexual crimes, most victims fail to report them to authorities for a variety of reasons, including the fear that their rights may not be fully protected. The fact that many of these victims do not report the crime leads to the criminals not being convicted. As for all sexual crimes against females, rape remains the least reported of them all, which also includes having the least number of indictments and least number of convictions of all violent crimes in America; the segment of the population that experiences the highest amounts of rape and lowest amounts of reporting them is among college students, where the reporting rate is around 5%. (Fisher, et. al, 2000). This low instance of reporting of sexual assault and rape illustrates an important deficiency in the criminal justice system’s ability to convince female sexual crime victims of their rights. Many of the reasons that females cite for not reporting the crimes inflicted against them include fear of blame from society, desire to quickly move on with their lives, their desire to avoid a long investigation and subsequent trial, and finally out of concerns for their privacy. It is the job of police, the district attorney’s office, and federal branches to make sure that none of these reasons prevent a victim from reporting a crime. Because of this there are many programs designed to provide crime victims with accurate information about the criminal justice system and the many rights that victims possess. At the federal level, the Department of Justice offers many programs and initiatives to ensure that victims are made fully aware of their rights. The Office of Justice Programs has an Office for Victims of Crime that works throughout the year on programs designed to assist victims of crime through grants. The amount of help that the Office for Victims of Crime gives to victims is considerable. In Fiscal Year 2007, Office of Victims of Crime distributed more than $370 million to the states through Victims of Crime Act, which was signed into law by President George W. Bush on October 30, 2004 and contains four major sections related to crime victims and the criminal justice process, which include protecting crime victims' rights, eliminating the substantial backlog of DNA samples collected from crime scenes and convicted offenders, and improving and expanding the DNA testing capacity of federal, state, and local crime laboratories (U. S. Department of Justice Office for Victims of Crime [OVC], 2008). The Office for Victims of Crime has also given assistance grants and more than $165 million to the states through Victims of Crime Act compensation grants, with both the victim assistance grants and the victim compensation awards funded by the Crime Victims Fund, which is culled from fines, penalties, and bail forfeitures collected from convicted federal criminals (OVC, 2008). Other compensation measures taken on behalf of victims include providing reimbursement to crime victims for crime-related expenses such as medical costs, mental health counseling, funeral and burial costs, and lost wages or loss of support. hile state victim assistance programs fund local victim assistance services such as crisis intervention, counseling, emergency shelter, and criminal justice system advocacy (OVC, 2008). And, while the Office for Victims of Crime provides monetary compensation to many victims, it also heads up several programs designed to create a stronger conglomeration of criminal justice d epartments to ensure the protection and assistance of crime victims. The Office trains criminal justice professionals about the needs and rights of victims of crime and provides them with the latest in ideas and practices in victim protection through such networks as the Office’s Help Exchange Lessons and Practices in Victim Services message board, and finally the Office sponsors the National Victim Assistance Academy, an annual training conference for those who assist victims and survivors of crime (OVC, 2008). While there remain many programs set up by the Department of Justice to ensure victims’ rights, most of the inspiration for the programs continues to come from the basic tenets of the Victims’ Bill of Rights. Another important aspect of the Victims’ Bill of Rights is that the victim is made aware of everything that occurs in the case as it progresses. This also means that the victim has the right to any and all information concerning the case of the prosecution. According to the U. S. code victims have: â€Å"The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused† (United States House of Representatives, 2006). This means that victims should not be made to wait for the latest information that arises in the case, including any revelations about the accused or any changes in his or her status. Providing accurate and timely information to victims about their rights is one of the main ways of protecting their rights, and the Nationwide Automated Victim Information and Notification System has been established to make sure that they receive information pertaining to their case as soon as it becomes available. Began with funding by the Office for Victims of Crime, the Victim Information and Notification System is a computer-automated system that notifies crime victims of key events in their cases, including an offender’s release before trial or from prison; as of September 2007, VNS was serving more than 1,300,000 crime victims nationwide with information on federal criminal justice cases provided by the Federal Bureau of Investigation, the United States Postal Inspection Service, the United States Attorneys' Offices, and the Federal Bureau of Prisons (OVC, 2008). By keeping crime victims informed of the status of their case and of the perpetrator, criminal justice professionals are able to provide victims with a piece of mind that allows them to retain a semblance of a normal life after crime. The Victims’ Bill of Rights continue with: â€Å"The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; the reasonable right to confer with the attorney for the Government in the case† (2006). By giving the victim the right to access the court information, as well as hear the case made against the accused in detail, the federal and local governments are ensuring that victims have significant influence on the outcome of the case. They are able to revise and mistakes made in the case of the prosecution, and they are also able to participate as much as possible in the proceedings. Not only does this help the victim put some of the trauma from the crime behind him or her, but it also significantly affects the ability of the Government to prosecute the accused. Additional rights ensured by the Victims’ Bill of Rights are loyal to the basic ideals of the American Bill of Rights and deal mainly with the right to a speedy trial. According to the bill, victims have: â€Å"The right to full and timely restitution as provided in law; the right to proceedings free from unreasonable delay† (United States House of Representatives, 2006). This not only ensures that the law will pursue the case against the accused to prevent further crime, but it also reinforces the role of the law as efficient protector. Also, by ensuring that the proceedings move in a timely manner, the victim is not required to endure a long and painful process. These measures go along well with the final right guaranteed by the victims’ bill of rights, and that is the right to be treated with fairness and with respect for dignity and privacy (2006). In the end, this is most important of all the rights, and perhaps a culmination as well, as all of the rights assured victims are to treat them with the utmost respect, fairness, and dignity. The duty of the U. S. Attorney’s Office and the Department of Justice is to ensure victims of crime that their rights will be protected, and their results have been mixed at best. While there remain many important programs to educate victims on their rights, the case of sexual assault and rape victims and their low rate of reporting crimes against them speak of a general failure in assuring victims of their rights’ protection. Organizations like the Office for Victims of Crime must work harder to ensure that the victims of crime requiring the most assurance and protection receive what they need, and not just monetary compensation for financial losses or medical bills. While some rights vary from state to state, with some states guaranteeing even more rights to victims than others, the general protections afforded by the Victims’ Bill of Rights should be known by all victims. In the end, educating victims on their rights is the biggest protection that any government or local authority can offer victims of crime.

Mystery and Suspense in Gothic Novels - 758 Words

Gothic literature began and was very strong at the time of the Romantic Writers Movement. Gothic novels share common characteristics that contribute to the overall feeling of the novel. Most Gothic novels involve a setting that typically added mystery and suspense. The novel usually took place in a castle-like structure that was dark, scary, and isolated (Examine). In addition, the story enveloped omens or visions, supernatural or inexplicable events, overwrought emotion, women in distress, and a tyrannical male (Elements). Both Charlotte and Emily Bronte wrote gothic novels that used many of these characteristics, but their novels also transcended the boundaries of the genre. The novels Wuthering Heights and Jane Eyre follow the gothic tradition in regards to setting, atmosphere, and supernatural events. However, both novels break from tradition in the matters of feminism and heroines. Both novels were influenced by gothic tradition because each novel incorporates characteristics s pecific to the gothic novels. The majority of Wuthering Heights takes place in the castle-like home of Wuthering Heights. It is damp, dark, and creepy which contributes to the overall gothic atmosphere of the novel. Just like Wuthering Heights, Jane Eyre’s two main settings are Lowood School and Thornfield Hall; both of these places are described as dark, damp, cold, and mysterious. These traditional gothic settings in both novels force the reader to imagine and feel the gothic atmosphere.Show MoreRelatedAshley Andreasen. Mrs. Schroder . Honors English Iv. 81000 Words   |  4 PagesHonors English IV 8 December 2016 Gothic Elements in Frankenstein A gothic novel is an English genre of fiction that was popular in the early 18th and 19th centuries that combines horror, mystery, and death in a seemingly meaningful setting. Frankenstein took place in continental Europe, specifically Switzerland and Germany, with other parts taking place in Arctic regions. The location/setting is just one characteristic that makes this a gothic novel. Gothic novels consist of various elements suchRead MoreJane Eyre by Emily Bronte747 Words   |  3 Pageswhat mystery, that broke out, now in fire and now in blood, at the deadest hours of the night? What creature was it, that masked an ordinary womans face and shape, uttered the voice, now of a mocking demon, and anon of a carrion-seeking bird of prey? (Brontà « 221). A brief synopsis of Charlotte Brontà «s novel, Jane Eyre, is present in this short quote, which describes the mystery that is present within the novel. As well as its gothic sensation, romance is present as well, giving the novel it s feminineRead MoreGothic Elements in Jane Eyre1465 Words   |  6 PagesGothic is a literary genre that is connected to the dark and horrific. 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One genre of literature that tends to provide horror can be known as Gothic LiteratureRead More The Woman In White, by Wilkie Collins Essay1660 Words   |  7 PagesThe Woman In White, by Wilkie Collins, is a successful gothic novel of the 19th century. It is a 3-volume novel; each volume (epoch) finishing with the reader eagerly waiting to read the next one, therefore there are many unanswered questions, in or... The Woman In White, by Wilkie Collins, is a successful gothic novel of the 19th century. It is a 3-volume novel; each ‘volume’ (epoch) finishing with the reader eagerly waiting to read the next one, therefore there are many unansweredRead MoreGothic Elements In Gothic Literature1023 Words   |  5 PagesGothic Essay #1 Gothic literature’s roots are in the architecture of the dark ages. The buildings were made to intimidate oncoming enemies, because of this it presents the perfect setting for eerie literature such as the Horace Walpole’s Castle of Otranto. Whilst reading gothic literature fear is to be expected, because the nature of gothic is grim( Hutchins). Fear as we know is an emotion that is triggered by one of these three reactions: physical threats, sources of poison and signs of disease(â€Å"Psychology†)Read MoreCharlotte Bronte s Jane Eyre1228 Words   |  5 PagesCombining elements of mystery, gloom, romance, and suspense are the keys to a Gothic novel with a plot riddled in mystery and suspense, Charlotte Bronte’s Jane Eyre is a novel that the term â€Å"gothic† could be applied to. You can find these elements in the setting, characters, and in numerous places in the plot of this novel. Thornfield Hall is the quintessential gothic castle. Most gothic novels settings include; a castle, ruined or intact, haunted or not. (The Gothic Experience 1). Thornfiled HallRead More The House of Seven Gables as a Gothic Novel Essay2774 Words   |  12 Pagesof Seven Gables as a Gothic Novel      Ã‚  Ã‚  Ã‚   To be a paradigm of a Gothic novel, The House of Seven Gables needs to include many elements, all which center on the ideas of gloom, horror, and mystery. The action of a Gothic novel takes place in a run-down, abandoned or occupied, mansion or castle, which often include secret passages, doors, and compartments (Encarta). The mansion also adds its own flavor and variety to the atmosphere of mystery and suspense in the novel by providing a darkRead MoreReview of Mary Shelleys Frankenstein Essay1515 Words   |  7 Pagesdramatic device, as each person withholds information from the story. This creates mystery at the start, then dramatic suspense and then dramatic irony, allowing a variety of emotions to be experienced by the reader. The novel begins with a series of letters which the Captain writes to his sister, Mrs Saville. The letters set the scene of the novel and also establish the mood, and create suspense. In letter IV, the first line, So strange an accident has happened to usRead MoreGothic Literature : The Black Cat1161 Words   |  5 PagesHave you ever heard of Gothic literature? Gothic literature, also known as Gothic fiction, is the genre of combined fiction, horror and Romanticism. Examples of Gothic literature are Frankenstein, The Castle of Otranto and Dracula. As well as these pieces, one of the famous pieces of Gothic literature is The Black Cat by Edgar Allen Poe. The Black Cat is the short story about the unnamed narrator in the jail who is about to die in the next day. From the young age, the narrator loves pets that when