The ADA: Public Personnel Management, Reasonable Accommodation and Undue Hardship

1992 ◽  
Vol 21 (4) ◽  
pp. 411-427
Author(s):  
Paul S. Greenlaw ◽  
John P. Kohl

The Americans with Disabilities Act was signed into law on July 26, 1990. This article reviews and summarizes the impact of the ADA on the public sector, and discusses two key concepts of the law, “reasonable accommodation” and “undue hardship.” These two concepts impact all management functions, including personnel management, and are the most troublesome of the Act to interpret and apply.

2020 ◽  
Vol 2 ◽  
pp. 80-89
Author(s):  
A. D. Selyukov ◽  

The article is devoted to identifying the features of conflicts in the public sector as a basis for disputes, including with the participation of courts. The concept of «public interests» is introduced, on the basis of which the characteristic of disputes in the budgetary sphere is given as a dispute between the parties, relations between which are based on the method of legal inequality. It is concluded that by virtue of the law, the ruling party gives instructions to the subordinate party to do something in relation to the budget, but not always the public interests of the parties to the legal relationship are equally protected by law, which is not sufficiently manifested in the practice of legal support of budgetary activities. Since the efforts of the legislator to regulate budgetary relations are mainly aimed at ensuring procedural activities, they almost do not affect the goal-setting mechanism, so the subordinate party has no opportunity to challenge the management decision that infringes the implementation of the public interests of the subordinate party. By virtue of the above, the courts do not participate in the consideration of issues that go beyond the procedure for spending budget funds and the application of appropriate sanctions. Therefore, frequent cases of arbitrariness of the powerful party in budgetary legal relations remain without proper judicial protection. To solve the problem, it is required to introduce the institution of goal-setting in the budget legislation, so that it will be possible to talk about the proper provision of public interests in the budget sphere.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Ka Chun Chong ◽  
Hong Fung ◽  
Carrie Ho Kwan Yam ◽  
Patsy Yuen Kwan Chau ◽  
Tsz Yu Chow ◽  
...  

Abstract Background The elderly healthcare voucher (EHCV) scheme is expected to lead to an increase in the number of elderly people selecting private primary healthcare services and reduce reliance on the public sector in Hong Kong. However, studies thus far have reported that this scheme has not received satisfactory responses. In this study, we examined changes in the ratio of visits between public and private doctors in primary care (to measure reliance on the public sector) for different strategic scenarios in the EHCV scheme. Methods Based on comments from an expert panel, a system dynamics model was formulated to simulate the impact of various enhanced strategies in the scheme: increasing voucher amounts, lowering the age eligibility, and designating vouchers for chronic conditions follow-up. Data and statistics for the model calibration were collected from various sources. Results The simulation results show that the current EHCV scheme is unable to reduce the utilization of public healthcare services, as well as the ratio of visits between public and private primary care among the local aging population. When comparing three different tested scenarios, even if the increase in the annual voucher amount could be maintained at the current pace or the age eligibility can be lowered to include those aged 60 years, the impact on shifts from public-to-private utilization were insignificant. The public-to-private ratio could only be marginally reduced from 0.74 to 0.64 in the first several years. Nevertheless, introducing a chronic disease-oriented voucher could result in a significant drop of 0.50 in the public-to-private ratio during the early implementation phase. However, the effect could not be maintained for an extended period. Conclusions Our findings will assist officials in improving the design of the EHCV scheme, within the wider context of promoting primary care among the elderly. We suggest that an additional chronic disease-oriented voucher can serve as an alternative strategy. The scheme must be redesigned to address more specific objectives or provide a separate voucher that promotes under-utilized healthcare services (e.g., preventive care), instead of services designed for unspecified reasons, which may lead to concerns regarding exploitation.


2021 ◽  
pp. 223386592110117
Author(s):  
Robert Davidson ◽  
Alexander Pacek ◽  
Benjamin Radcliff

While a growing literature within the study of subjective well-being demonstrates the impact of socio-political factors on subjective well-being, scholars have conspicuously failed to consider the role of the size and scope of government as determinants of well-being. Where such studies exist, the focus is largely on the advanced industrial democracies of the Organization for Economic Co-Operation and Development. In this study, we examine the size of the public sector as a determinant of cross-national variation in life satisfaction across a worldwide sample. Our findings strongly suggest that as the public sector grows, subjective well-being increases as well, conditional on the extent of quality of government. Using cross-sectional data on 84 countries, we show this relationship has an independent and separable impact from other economic and political factors.


1995 ◽  
Vol 37 (2) ◽  
pp. 203-217 ◽  
Author(s):  
Michael O'Donnell

Decentralizing industrial relations within New South Wales is a central recom mendation of the Niland Green Paper (1989). Decentralism also represents the cornerstone of the New South Wales government's industrial relations reform agenda enshrined in the New South Wales Industrial Relations Act 1991. To date there has been little analysis of the impact o f this legislative change on industrial relations in the New South Wales public sector. This paper provides a case study that examines the degree to which responsibility for bargaining has been devolved within the Parks and Gardens of the New South Wales Ministry for the Environ ment. It argues that, in contrast to the rhetoric of the New South Wales Act, the central agency presiding over the introduction of enterprise bargaining in the public sector, the Public Employment and Industrial Relations Authority; has been reluctant to delegate responsibility to parties in the workplace.


Res Publica ◽  
1998 ◽  
Vol 40 (1) ◽  
pp. 79-97
Author(s):  
Trui Steen

Personnel management in localgovernment in Flanders bas undergone some major reforms during recent years. We examine the purposes and the extent of these reforms. Also, the new personnel management in Flemish local government is evaluated in terms of flexibility. The Flemish civil service can be considered as an Internal Labour Market. The rigidity which characterises the Internal Labour Market in local government in Flanders is shown by the fact that local government lacks discretion in elaborating the personnel statute, which still constitutes the basis of personnel management. However, the thesis that the public sector employment policy is too rigid has to be nuanced. The civil service is familiar with irregular forms ofemployment. Infact, in Flemish local government only half of all personnel are employed according to a statute.Despite some constraints on the development of more flexible personnel policies, it is still possible to find opportunities which provide hope for the development of new and modern personnel management strategies in local government.


Social Change ◽  
2021 ◽  
Vol 51 (4) ◽  
pp. 483-492
Author(s):  
Imrana Qadeer

Using a comprehensive framework (the state’s will to deliver, its institutional strength and its legitimacy), this article assesses the impact of the COVID-19 pandemic on public sector healthcare services in India. The power to deliver was explicit when the interventions were harsh, increasing the burden of death and disease on health services. But when it came to healthcare by the public sector we find a worsening of achievements of non-COVID ailments during the pandemic and an inability to tackle the second wave due to gaps in the nation's infrastructure, a centralised control undermining state authority; and visible results of a flawed policy that pushed further the agenda of making healthcare a profitable business.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  

Purpose The authors assumed PSM would be higher in the public sector, but they set up a trial to find out if this was the case. Design/methodology/approach To test their theories, the authors conducted two independent surveys. The first consisted of 220 usable responses from public sector employees in Changsha, China. The second survey involved 260 usable responses from private sector employees taking an MBA course at a university in the Changsha district. A questionnaire was used to assess attitudes. Findings The results found no significant difference between the impact of public sector motivation (PSM) on employee performance across the public and private sectors. The data showed that PSM had a significant impact on self-reported employee performance, but the relationship did not differ much between sectors. Meanwhile, it was in the private sector that PSM had the greatest impact on intention to leave. Originality/value The authors said the research project was one of the first to test if the concept of PSM operated in the same way across sectors. It also contributed, they said, to the ongoing debate about PSM in China.


2017 ◽  
Vol 10 (6) ◽  
pp. 62
Author(s):  
Sahar Mohammad Abu Bakir

The public sector in Jordan is confronting many problems; reports show that citizens are not contented with the number and quality of current services. Consequently; persistent initiatives to uphold the sector performance took place at all levels, relying on the inventive employees and leadership to achieve the intended improvement. So this study seeks to test the impact of strategic leadership (charismatic, visionary, change agent and servant) on building entrepreneurial orientation (proactiveness, innovativeness and risk taking) in Jordanian public sector employees.A random sample was selected of 500 employees working at health, education, agriculture and other service governmental organizations. To obtain the required results multiple regression was calculated using (21) SPSS version.It was found that the charismatic, change agent, servant styles positively influence employees proaciveness, with no influence on the other two entrepreneurship dimensions. While visionary style has no significant influence on all entrepreneurship dimensions. However the public sector reform is achievable, through comprehensive strategies, successful implementation, and effective continuous control. Innovative departments need to be established and financed away from bureaucratic environments.


2015 ◽  
Vol 15 (4) ◽  
pp. 589-605 ◽  
Author(s):  
Carlo J. Morelli ◽  
Paul T. Seaman

This article examines the theoretical underpinning of living wage campaigns. The article uses evidence, derived from the UK Quarterly Labour Force Survey from 2005 to 2008, to examine the extent to which a living wage will address low pay within the labour force. We highlight the greater incidence of low pay within the private sector and then focus upon the public sector where the living wage demand has had most impact. The article builds upon the results from the Quarterly Labour Force Survey with analysis of the British Household Panel Survey in 2007 in order to examine the impact that the introduction of a living wage, within the public sector, would have in reducing household inequality.


1978 ◽  
Vol 22 (2) ◽  
pp. 209-240 ◽  
Author(s):  
Thomas A. Kochan ◽  
Todd Jick

This paper develops and tests a model of the labor mediation process using data from a sample of negotiations involving municipal governments and police and firefighter unions in the State of New York. The test of the model also incorporates an estimate of the impact of a change in the statutory impasse procedures governing these groups. The model examines the impact of (1) alternative sources of impasse, (2) situational characteristics, (3) strategies of the mediators, and (4) personal characteristics of the mediators on the probability of settlement, percentage of issues resolved in mediation, movement or compromising behavior, and the tendency to hold back concessions in mediation. The results indicate that the change in the impasse procedure had a marginal affect on the probability of settlement in the small to medium cities in the sample but little or no effect on the larger cities. Furthermore, a number of other measures of the sources of impasse and mediator strategies and characteristics had a stronger impact on the effectiveness of the mediation process than the nature of the impasse procedure.


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