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Posted: July 17th, 2022
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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
question-
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).
Students response
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.
This case obviously involves the ADA, Americans with Disabilities Act of 1990, of which Title I specifically protects employees and those seeking employment, all of which is enforced by the EEOC, the Equal Employment Opportunity Commission. Along with the well know ADA there are other laws and acts that prohibit discrimination of those with disabilities such as the Rehabilitation Act of 1973 section 501 which specifically addresses employment.
If the employee can prove that their illness has risen to the level of a disability they could involve their employer in a potential discrimination suit.
The FMLA, or Family and Medical Leave Act allows for up to 12 weeks leave if the employee works for a covered company and has a serious medical condition that precludes them from performing the essential functions of their job.
Similar to Bragdon vs. Abbott in which it was declared HIV could be considered a disability, so could a chronic illness such as diabetes when considering the extent to which it affects the employee.
This scenario sounds like it could have easily been caused by a lack of education. A very focused training would need to take place targeting management to educate them on the laws that protect workers, specifically employees with illness or disability. It would also be prudent to have a more generalized training for all employees, but possibly timed appropriately so as not to draw attention to the situation and cause any undue uncomfort to the affected employee.
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