reply to the students’ response and not the question in 150 words minimum and provide 1 reference. Respond to the students response as though you are talking to them, use name
Read the hypothetical below. What are John’s potential claims if he is terminated this week?
John is a 54-year-old man with diabetes. He has worked for Telco for 20 years. Lately, he has difficulty concentrating and makes numerous mistakes. He has missed several days of work due to his diabetes. Supervisor Mark wants to fire John this week.
Instructions: Please write in essay format. Include the guidance below in your analysis:
a) Set forth the federal statute and/or theories of law that are applicable.
b) Identify the legal issue(s) that exist and claims that may be brought based on the facts of the case.
c) Apply the facts of the case to the elements of the law/theories of law.
d) Cite a case in the text which is on point with the scenario, or compare and contrast with a case in the text.
e) Provide an action item agenda of specific objectives you would recommend implementing in order to prevent future exposure to liability. Be specific (e.g., if training is a recommendation, describe the type of training in detail).
Statutorily, according to Americans With Disabilities Act of 1990, which says; “No covered entity shall discriminate against a qualified individual with a disability, because of the disability of such individual in regard to job application procedure, the hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.
Considering the case of John, it will be a disparate treatment against John by Supervisor Mark, if he carries out his intentions of firing John. The fact of the case is that, Mr John is qualified for the position and has been working for Telco for the past 20years without any complain, until issue of his health arise. Supervisor Mark should create a reasonable accommodation for John by modifications that will not place undue burden or hardship on the company. Supervisor Mark should have and interaction with Mr John concerning the frequent mistakes and lack of concentrations and absenteeism due to his health (Diabetes) and find a common ground to assist him perform his duty by modifying the environment where he works. For example; For Lack Of Concentration and Mistakes: Supervisor Mark should (1) provide private office for John to reduce distractions. (2) Divide large assignment to smaller tasks and goals. (3) Restructure his job to include only essential functions. For Absenteeism; He should (1) provide part-time work schedule (2) Allow John to make up time. (3) provide flexible leave for health problem.
Inculcating the above mentioned solutions will create opportunity for John to be on his job and considerations for termination by Supervisor Mark can be avoided. This case can be compared to Huber vs. Wal-Mart Stores, Inc. 486 F.3rd 480 (8th Cir. 2007), though Huber sought for reasonable accommodation, which John has not done with his employer and in the absence of looking for reasonable accommodation with his employer, he might loose his case, if supervisor Mark eventually fires John.
Bennett-Alexander, D. (2019). Employment Law for Business. [VitalSource Bookshelf]. Retrieved from https://online.vitalsource.com/#/books/9781260031805/