You are the new Director of Human Resources for a privately held manufacturing corporation that employs 800 people at three locations. Two locations are in different states in the United States and one location is in a foreign country. Not only are you new, so is the COO of the company. And the new COO has been promoted from the company’s foreign location, has never worked in the United States, completed all her education and training at schools and universities outside the United States, and has never even visited the United States.
Arriving in the U.S., the COO had the impression that because the United States is a democracy, there is little government regulation of business. She has been in the U.S. now for four months and admits to being thoroughly confused as she finds herself dealing daily with one federal or state agency after another. And she is regularly receiving solicitations for the company to contribute to a legion of special interest funds claiming to represent the company’s interests in influencing the development of laws and regulations in Washington, which only leave her more confused. She thought the elected officials and agency employees represented the voters, not companies.
The COO has realized that understanding the forces that lead to laws being initially enacted and then amended is an important part of making decisions with respect to the company. Her attention is currently focused on trying to understand how the Americans with Disabilities Act came into existence, what circumstances led to its being amended in 2008 and the issues those amendments were designed to address, the role of the responsible government agency in interpreting and enforcing the law, and changes in that role over the years in relation to changes in political control in Washington. Her main focus is on Title 1 of the Act.
The COO has asked you to prepare a briefing memo for her on the political, social, and legal environment surrounding and supporting the adoption of the original ADA provisions related to employment, its subsequent amendments, and regulations.
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