TEACHER RIGHTS 5
The issue concerns the hiring of a teacher with disability. Theprincipal has made it clear that the position for assistant principalrequires an individual that has an advanced degree in administrationand one in athletic coaching experience. Depending on one’sdisability it may be impossible to attain the physical expertise thatis crucial to get the job. However, disabled individuals have a rightto get employment in the similar job positions as other teachers thatare not disabled. Hence, supposing the teacher with a disability isrestrained by physical prowess, should the principal hire theteacher.
The legal standard – Teachers that have disabilities are protectedfrom prejudice during the hiring procedure as well as in the placesof employment. School districts, when deciding on interviewing,employing and dismissing agreements, must adhere to “Section 504 ofthe Rehabilitation Act and the ADA”, which prohibit discriminatingby failing to offer an individual that has a disability an employmentposition owing to their disability (Bowman et al, n.d). Supposingthere is an advertisement for individuals that have a teaching degreeand have excelled in the state teacher’s examination, this meansthat the applicant qualifies for the job position. Qualificationshould be determined during the period of hiring and must notspeculate on prospect stipulations.
The school is required to make adjustments to the requirements forthe job position. By doing so, the school provides accommodation fora teacher with a disability as required by law. Hence, the teacher isno longer restricted from applying for the position owing to theirdisability. According to “Title I of the Americans withDisabilities act of 1990” employers should “provide reasonableaccommodation to qualified individuals with disabilities who areemployees or applicants for employment” (EEOC, 2002). Anaccommodation regards to changes to the work surrounding or the modeof customarily doing things, which makes it possible for someonehaving a disability to enjoy fair employment opportunities. Some ofthese accommodations include making changes to the employmentapplication procedure, which makes it possible for a competentapplicant that has a disability to become considered during hiring.
The disabled individual must meet the academic qualificationsexpected for the job they are applying. Hence, they must have therelevant qualification. In the case of the advertised position,physical prowess has been depicted as important to gain respect fromstudents. This does not mean that an individual with a disability isincapable of gaining respect. The disabled applicant needs shouldfurther explain how they anticipate performing their duties if hired.This includes previous work experience that is related to theposition of assistant principal.
An analysis of this case demonstrates that the teacher qualifies forthe position. Physical prowess is only crucial so as to enhance thepossibility of gaining respect from learners. Such an applicationrequirement demonstrates some level of discrimination by insinuatingthat an individual must demonstrate physical prowess to gain respect.Hence, law requires the principal to make accommodations to theposition that will allow a disabled teacher get equal employmentchance as other teachers that do not have a disability.
Collective bargaining within the public sector when compared to theprivate sector allows a union to have political influence overemployers, in turn reducing the possibility of negotiations. Thepublic sector uses political instead of economic influence used inthe private sector. For instance, when employees from the privatesector strike, they place economic pressure on their employer.Contrary, in the public sector there are no economic pressures aspayment are made through tax from government (Najita & Stern,2001). In this case, public collective bargaining applies because thedisabled teacher may use a union to represent their demand foremployment. Supposing it fails, the other alternative would bearbitration, where the school and disabled teacher find a third partyto arrive at a common ground.
Bowman, C. A., Barr, K., Ford, K., McCracken, N., Clark, K. M &Jaeger, P. T. (n.d). The relationship of disability rights laws toeducation majors and teachers with disabilities. Conference onEnglish Education, 1-6.
Najita, J. M & Stern, J. L. (2001). Collective bargaining inthe public sector: The experience of eight states. Armonk, NewYork: M.E. Sharpe.
The US Equal Employment Opportunity Commission, EEOC. (2002).Enforcement guidance: Reasonable accommodation and undue hardshipunder the Americans with Disabilities Act. Retrieved fromhttp://www.eeoc.gov/policy/docs/accommodation.html#workplace