blasco

 

must use   the reference below

Bennett-Alexander, D., and Hartman, L. (2019). Employment Law for Business, (9th ed.). NY: McGraw-Hill. ISBN 978-1-259-72233-2.

reply to the students response in 150 words minimum and provide 1 reference

question

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. .

Student response

 John is covered by the Americans with Disabilities Act of 1990. The ADA states that an employer cannot discriminate against a qualified individual because of a disability during the Job application process, hiring, advancements, or discharge of an employee. The employer may not terminate John because he has a disability. Although he may not have needed an accommodation because he could do his job for the first 20 years, he may require one now. The employer must try to make a reasonable accommodation. A reasonable accommodation is an accommodation that does not pay an undue hardship for the employer but helps the employee do their job. An undue hardship would be looked at by the size of the employer, the cost to the employer, the type of employer, and the impact of the accommodation based on the employer’s operations.

In the E. E. O. C. V. Ford Motor Co.782 The employee was retaliated against using the ADA for a reasonable accommodation. In John’s case, he would need to go through the interactive process for a reasonable accommodation. If the employer was to fire Jan, he would be able to use that he was discriminated against because of his disability due to the employer not using the interactive process.

Teleco would need to go through the interactive process with John. The employer could warrant a more flexible working schedule, telecommuting, or reducing his working hours. If John had a more flexible schedule, he may not have to call out as much. In regards to his concentration, they may need to make slight changes in regards to the working environment. There may be a lot of unwork related conversations that are distracting him and making him unable to concentrate. By notifying the employees that they need to take their conversations elsewhere can assist with his concentration. John and his employer must go through the interactive process before firing an employee who is qualified.