Importance

In line with the extrinsic compensation section of the Total Compensation model in our text, worker’s in the US receive various compensation in the form of certain accommodations and enhancements as well in the form of various legally required employee provisions. In this article review, I will be looking at how certain laws and regulations encourage such compensation on the employer’s part while looking at how some of these provisions also create opportunities for false compensation claims and malingering with the help of two different yet closely related journal articles.

According to Burkhauser, Schmeiser and Weathers II, “Employment protection laws make discrimination against qualified individuals with a disability illegal” while also requiring that certain accommodations be made for such employees. “The Americans with Disabilities Act of 1990 (ADA) was the first federal disability-based anti-discrimination law that applied to a broad number of workers and is widely viewed as the centerpiece of this effort”. Apart from the ADA, there is also a system for Workers’ Compensation through which employees are protected “against the loss of work capacity due to work-related injuries”. This system allows workers who have lost their capacity to work due to an injury at work to file claims and get monetary and/or medical benefits “(Burkhauser, Schmeiser, & Weathers II, 2012, pp. 162-163).

The article carefully assessed and concluded that with such laws in place, employers “consider the expected penalty of refusing to provide reasonable accommodations, which include the costs associated with an employee filing a discrimination charge and the costs associated with experience rating under the Workers’ Compensation program”. It further adds that the application of various state anti-discrimination laws significantly increased possibilities of accommodation for employees with disabilities that were not job-related more so that job-related disabilities. A...