Review of Employment Equality Law from The Americans with Disabilities Act: Medical Examinations Requirement For Civil Servant
Date Issued
2015
Date
2015
Author(s)
Lai, Yu-Hua
Abstract
Nowadays, the Examination Yuan still requires applicants to pass medical examinations prior to taking examinations to become public servants. If candidates fail to meet the compulsory medical examination requirements, they will be disqualified. We believe this examination will deprive the physically-challenged of their right to work in the government sector because it causes discrimination and might infringe employment equality. Actually, medical examination is a policy that is ostensibly neutral, but in fact has a negative impact on the minorities, which raise the concern of “Disparate Impact Liability”. Besides, if the Visually-impaired request that the Examination Yuan provide them with additional accommodation, such as Braille Display, an extension on the time limit and the Examination Yuan refuses or fails to do so, would it be considered employment discrimination and thus the visually-impaired in question could file a lawsuit on that? Unfortunately, the anti-employment discrimination statute in Taiwan could not give answers to the questions above yet. Owing to the fact that America has the most comprehensive anti-discrimination legal system and regulations to prevent employment discrimination, this article will probe the American experience and strongly suggests that we place emphasis on why one fails to provide reasonable accommodation, which causes employment discrimination. Finally, this thesis also will discuss the possibility of applying them to our legal system. In conclusion, not all the public servant examinations rules are violating equality right protection. To be more specific, the following cases would be excluded because they do not contradict with the Constitution: when providing accommodations for the physically-challenged costs more than one can afford; when providing accommodations for the physically-challenged may pose direct threats to others; when the physically-challenged are disqualified for the positions, or it is related to job qualification based on business necessity and therefore one can refuse to do so.
Subjects
Equality Right
Medical Examinations
Disparate Impact Discrimination
Disparate Treatment Discrimination
Employment Discrimination Based on Disability
The Americans with Disabilities Act
Reasonable Accommodation Law
Undue Hardship
Job-Relatedness and Business Necessity.
Type
thesis
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